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Litigation

ALM Staff & Law Journal Newsletters

A recent ruling of interest.

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In Child Support Cases, Judges Appear Reluctant to Extend Sixth Amendment Rights Image

In Child Support Cases, Judges Appear Reluctant to Extend Sixth Amendment Rights

Marcia Coyle

A former solicitor general and a former Supreme Court clerk vigorously sparred before the justices in March over whether indigent persons have a constitutional right to counsel if they face jail for failing to pay child support.

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Beware of 'Calculations' of Business Value Image

Beware of 'Calculations' of Business Value

Rob Schlegel & John Kotlarczyk

Recent cases highlight how dangerous experts can be when they report that their finding of business value is based on a "calculation."

Facing Facebook, Facing Ourselves Image

Facing Facebook, Facing Ourselves

Mark A. Momjian

According to a 2010 survey by the American Academy of Matrimonial Lawyers, more than 80% of its members have used or faced evidence plucked from social networking sites. The evidence is used not only to question parental fitness, but to prove marital misconduct.

Federal Lawsuits and DOMA Image

Federal Lawsuits and DOMA

Roberta A. Kaplan & Julie E. Fink

In a ground-breaking decision by President Obama and the DOJ, General Eric Holder recently announced that the unequal treatment of same-sex couples under DOMA violates the Equal Protection clause of the United States Constitution. A look at relevant litigation.

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Medicare and Medicaid Issues in Insolvency Cases Image

Medicare and Medicaid Issues in Insolvency Cases

Andrew H. Sherman & Adam J. Glanzman

Almost every health care bankruptcy case involves Medicare or Medicaid payments in some form or fashion. Insolvency professionals should be aware of the many complications of Medicare and Medicaid payments and potential negative consequences in bankruptcy cases.

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Bankruptcy Claims Traders Alert Image

Bankruptcy Claims Traders Alert

Scott J. Friedman & Mark G. Douglas

The Seventh Circuit recently affirmed a ruling that the purchaser of a claim based upon an executory contract that was ultimately rejected by a Chapter 11 DIP is not entitled to cure amounts as part of its allowed claim.

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Buyer Beware Image

Buyer Beware

Lawrence S. Goldberg & David M. Hillman

Secured lenders often consider an out-of-court foreclosure as a faster and more efficient alternative to a credit bid sale under Chapter 11. The Second Circuit Court of Appeals has nowthrown a monkey wrench into the foreclosure alternative.

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Failure to File Post-Trial Motions Means $18.5 Mil. Verdict Stands Image

Failure to File Post-Trial Motions Means $18.5 Mil. Verdict Stands

Gina Passarella

The Pennsylvania Superior Court has upheld an $18.5 million verdict against grocery chains Safeway and Genuardi's because the chains did not file post-trial motions before appealing to the Superior Court.

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Implementing Change in a Franchise System Image

Implementing Change in a Franchise System

Rupert M. Barkoff

franchisors should examine their existing franchise agreements and cultures, to make sure that when the time comes for a change to be made expeditiously, the franchisor will have the mechanisms to meet the changing market conditions.

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