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    Seventh Circuit Agrees With Mayer Brown Amicus Brief That $3 Million Punitive Damages Award Was Unconstitutionally Excessive
    2020-02-11

    Last summer, my colleague C.J. Summers and I posted a report about Saccameno v. U.S. Bank National Association, a Seventh Circuit case in which we had filed an amicus brief on behalf of the Chamber of Commerce of the United States.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Google, California Supreme Court
    Authors:
    Evan M. Tager
    Location:
    USA
    Firm:
    Mayer Brown
    Community Property Issue Certified to the California Supreme Court
    2019-04-18

    A controlling question of California law dealing with the interplay between State law presumptions of community property and “form of title” on which there was no controlling California precedent has been certified to the California Supreme Court by the Ninth Circuit.

    In Brace v. Speier (In re Brace), 908 F.3d 531 (9th Cir.), the Ninth Circuit certified the following questions to the California Supreme Court:

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Real Estate, Leech Tishman Fuscaldo & Lampl LLC, Ninth Circuit, California Supreme Court
    Authors:
    Dennette A. Mulvaney
    Location:
    USA
    Firm:
    Leech Tishman Fuscaldo & Lampl LLC
    Insolvency Law Committee E-Bulletin: Feb 14th, 2018
    2018-02-19

    Summary: A California appellate court has held that a lender that allegedly directed its borrower to default on her loan in order to qualify for a home mortgage modification may be held liable in tort for its mishandling of her application, because the lender exceeded the role of a conventional lender.  [Rossetta vs. CitiMortgage, Inc., 2017 Westlaw 6422567 (Cal.App.).]

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Calbar BLS, Debtor, Mortgage loan, Foreclosure, California Supreme Court
    Location:
    USA
    Firm:
    Calbar BLS
    California appellate court’s decision limits a creditor’s ability to bring a breach of fiduciary duty claim against directors of insolvent corporations
    2010-04-02

    On February 3, 2010, the California Supreme Court denied review of a significant decision by the California Court of Appeal, Sixth Appellate District, that limits a breach of fiduciary duty action brought by creditors against directors of an insolvent corporation under California law. Berg & Berg Enterprises, LLC v. Boyle, et al., 178 Cal. App. 4th 1020 (2009). California has now joined Delaware in holding that directors do not owe creditors a fiduciary duty, even when the corporation is operating in the so-called “zone of insolvency.”

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Manatt Phelps & Phillips LLP, Conflict of interest, Bankruptcy, Shareholder, Breach of contract, Fiduciary, Board of directors, Good faith, Business judgement rule, California Supreme Court, California courts of appeal
    Location:
    USA
    Firm:
    Manatt Phelps & Phillips LLP
    Rejecting Jewel v. Boxer, the district court’s Heller decision is a potential knock-out punch against unfinished business claims by insolvent law firms
    2014-06-17

    The Order Re Summary Judgment issued on June 11, 2014 by Judge Charles R. Breyer of the U.S. District Court for the Northern District of California in the Heller Ehrman LLP bankruptcy case may prove to be a knock-out punch against “unfinished business” claims by insolvent or bankrupt law firms and their trustees.

    Filed under:
    USA, California, Insolvency & Restructuring, Legal Practice, Litigation, Cooley LLP, Bankruptcy, California Supreme Court, California courts of appeal
    Authors:
    Robert Eisenbach
    Location:
    USA
    Firm:
    Cooley LLP
    Ninth Circuit splits from Fourth Circuit on involuntary bankruptcy standard: In re Marciano
    2013-09-30

    A judgment creditor who is considering filing an involuntary bankruptcy petition against a debtor should consult venue-specific controlling law if the debtor has appealed the judgment. Depending on the jurisdiction, the debtor’s appeal may or may not be a factor for the bankruptcy court to consider in determining whether the creditor’s claim meets the involuntary petition requirements of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Ninth Circuit, United States bankruptcy court, California Supreme Court, Fourth Circuit
    Authors:
    Brett J. Berlin
    Location:
    USA
    Firm:
    Jones Day
    Recovery from dissolved corporation's liability insurer barred by foreign survival statute
    2013-02-26

    The recent case ofGreb v. Diamond International Corp. highlights the need for dissolved corporations and their insurers to consider the survival statute of their state of incorporation when defending against actions brought in California.

    Filed under:
    USA, California, Insolvency & Restructuring, Insurance, Litigation, Hinshaw & Culbertson LLP, Delaware General Corporation Law, California Supreme Court
    Authors:
    James A. Hazlehurst , Edwin A. Oster , Robert K. Renner
    Location:
    USA
    Firm:
    Hinshaw & Culbertson LLP
    California Supreme Court resolves Court of Appeal split, holding that Section 2010 of the California Corporations Code -- California's "Survival Statute" -- does not apply to foreign corporations
    2013-02-27

    In Greb v. Diamond Int’l Corp., 2013 WL 628328 (Cal. Feb. 21, 2013), the California Supreme Court unequivocally and unanimously laid to rest the assertion that dissolved foreign corporations may be sued in California after the time of the statute of limitations provided by the laws under which the foreign corporations were incorporated.

    Filed under:
    USA, California, Company & Commercial, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, California Supreme Court, California courts of appeal, California superior courts
    Authors:
    John P. Stigi III
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Lenders beware
    2013-02-18

    A new troubling case from California allows borrowers to present evidence of prior oral statements of a lender which contradict the terms of the written agreement between the parties with a standard integration clause. Marsha Houston of our Los Angeles office writes more about the case below.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Surety, Fraud, Default (finance), California Supreme Court
    Authors:
    Peter S. Clark, II
    Location:
    USA
    Firm:
    Reed Smith LLP
    Are insurance adjusters eligible for overtime pay to be decided by California Supreme Court
    2011-10-17

    On October 3, 2011, the California Supreme Court heard argument in Francis Harris et al v. Superior Court, Case No. S156555. The issue here is whether insurance adjusters should be eligible for overtime pay under California’s wage and hour laws.

    Filed under:
    USA, California, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Hinshaw & Culbertson LLP, Tax exemption, Wage, Dissenting opinion, US Federal Government, Liberty Mutual, California Supreme Court, California courts of appeal
    Authors:
    Michael Newman
    Location:
    USA
    Firm:
    Hinshaw & Culbertson LLP

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