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Features

Third Circuit Revives Committee's Deepening Insolvency and Breach of Fiduciary Duty Claims Image

Third Circuit Revives Committee's Deepening Insolvency and Breach of Fiduciary Duty Claims

Thomas R. Fawkes & Wendy E. Morris

In a recent opinion issued in the Chapter 11 case of <i>In re Lemington Home for the Aged</i>, the Third Circuit revived claims of breach of fiduciary duty and deepening insolvency against directors and officers of a nonprofit Pennsylvania corporation.

Successor Liability Image

Successor Liability

Amy Tonti & Luke A. Sizemore

An asset sale under section 363(f) of the Bankruptcy Code is becoming an increasingly popular mechanism to improve a company's financial condition as an alternative to a traditional plan of reorganization.

The Mighty Sword of PACA in Bankruptcy Image

The Mighty Sword of PACA in Bankruptcy

Andrew L. Turscak, Jr.

Special creditor protection is not located in title 11 of the United States Code; instead, one needs to refer to 7 U.S.C. '' 499a through 499t in order to discover the special protections set forth for "claims" arising under the Perishable Agricultural Commodities Act ("PACA").

Recent Cases Illustrate That Family Law Is Fascinating Image

Recent Cases Illustrate That Family Law Is Fascinating

Albert Momjian

Three recent cases, one in Tennessee and two in Florida, are discussed for no reason other than that they are interesting.

Features

Statistically Distinguishing Between Active and Passive Appreciation Image

Statistically Distinguishing Between Active and Passive Appreciation

Ashok Abbott

When divorce occurs, how do matrimonial attorneys deal with division of wealth that exists at the time of filing? Depending on state laws, <i>very contentiously</i>.

Features

AAML Child Custody Evaluation Standards Image

AAML Child Custody Evaluation Standards

Mary Cushing Doherty

The American Academy of Matrimonial Lawyers (AAML) has approved the Child Custody Evaluation Standards to provide the guidance that judges, attorneys and families across the country should embrace.

Features

Employer Found Liable for Harassment By Client Image

Employer Found Liable for Harassment By Client

Kevin C. McCormick

In a recent, unpublished decision, the Fourth U.S. Court of Appeals held that an employer may be responsible for the sexual harassment of one of its employees by the employer's client. This is an interesting issue that the Fourth Circuit had failed to address ' until this decision.

Features

'Ban the Box' Legislation Image

'Ban the Box' Legislation

Eugene K. Connors & Meghan Offer

Ban the Box" types of legislation, designed to ensure that employers are fair when screening persons who may or may not have criminal records, can unintentionally create impossible hiring decisions and pose huge legal risks for employers.

Which State's Anti-Discrimination Law Applies? Image

Which State's Anti-Discrimination Law Applies?

William C. Martucci & Jennifer K. Oldvader

For multistate employers, which state's law applies? Is it where the allegedly discriminatory decision is made? Where the company is headquartered? Or the law of the state where the impact of any allegedly discriminatory decision is felt?

IP News Image

IP News

Howard J. Shire & Joseph Mercadante

Highlights of the latest intellectual property news from around the country.

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    In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
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  • The Powerful Impact of The Non-Foreclosure Notice of Pendency
    RPAPL ' 1331 and RPAPL ' 1403 Notices of Pendency are requisite elements for foreclosing a mortgage. <i>See, Chiarelli v. Kotsifos</i>, 5 A.D.3d 345 (a notice of pendency is a prerequisite to obtaining a judgment in a mortgage foreclosure action); <i>Campbell v. Smith</i>, 309 A.D.2d 581, 582 (a notice of pendency is required in a foreclosure action under RPAPL Article 13). In contrast, an ex parte CPLR Article 65 Notice of Pendency (the "Notice") is not required but it is a significant tool in an action claiming title to, or an interest in or the use or enjoyment of, another's land. The filer does not have to make a meritorious showing or post a bond. Article 65 provides mechanisms for the defendant-owner to vacate the Notice that caused an unilaterally imposed restraint on its realty. But, recent case law establishes the near futility of such efforts if the plaintiff has satisfied the minimal statutory requisites for filing the Notice.
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