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Recoupment: Eighth Circuit Rejects 'Balancing of the Equities' Test Image

Recoupment: Eighth Circuit Rejects 'Balancing of the Equities' Test

Michael L. Cook & Karen S. Park

The Eighth Circuit recently held that equitable considerations could not prevent a creditor's recouping amounts owed to it by a Chapter 7 debtor. Ending a three-year battle in three courts, its ruling resulted in a win for a disability insurer over a disabled individual. In reality, however, nobody won.

Bond ' Supersedeas Bond Image

Bond ' Supersedeas Bond

Steven B. Smith & William D. Currie

The Delaware Bankruptcy Court, in <i>In re Tribune Company, et al.</i>, recently granted a motion for a stay pending appeal of its order confirming Tribune's fourth amended joint plan of reorganization, but conditioned the imposition of the stay upon the posting of a $1.5 billion <i>supersedeas</i> bond.

Unfinished Business Claims Image

Unfinished Business Claims

Robert W. Dremluk & Ryan Pinkston

Recently, two New York federal district courts reached conflicting decisions in the Coudert Brothers LLP and Thelen LLP bankruptcy cases with respect to "unfinished business.

November issue in PDF format Image

November issue in PDF format

ALM Staff & Law Journal Newsletters

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In the Marketplace Image

In the Marketplace

ALM Staff & Law Journal Newsletters

Highlights of the latest equipment leasing news.

Features

Economic Outlook Report Image

Economic Outlook Report

ALM Staff & Law Journal Newsletters

The Equipment Leasing &amp; Finance Foundation has released the fourth quarter update to its 2012 Equipment Leasing &amp; Finance U.S. Economic Outlook, which projects growth in equipment and software investment for 2012 at 6.7%, down from the 2011 growth rate of 11%.

Counterintuitive Strategies for Success in Mediation Image

Counterintuitive Strategies for Success in Mediation

Richard Shore

Set forth in this article are four strategies that run counter to much conventional wisdom in the dispute resolution world. They may not be traditional, but properly employed, they work.

Features

Recent Developments in Enforcement of Forum Selection Clauses Image

Recent Developments in Enforcement of Forum Selection Clauses

Patrick M. Northen

This article highlights several practical tips that will increase the probability that a forum selection clause will be enforced to its maximum effect.

Features

To Participate or Not to Participate: A Secured Party's Question Image

To Participate or Not to Participate: A Secured Party's Question

Alan M. Christenfeld & Barbara M. Goodstein

This article considers what might happen to a secured claim if the creditor fails, or elects not, to participate in its debtor's bankruptcy case.

November issue in PDF format Image

November issue in PDF format

ALM Staff & Law Journal Newsletters

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MOST POPULAR STORIES

  • The 'Sophisticated Insured' Defense
    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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