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    Blaneys Ontario Court of Appeal Summaries
    2017-07-03

    Good evening.

    Following are the summaries for this week’s civil decisions of the Court of Appeal for Ontario.

    Filed under:
    Canada, Ontario, Company & Commercial, Employment & Labor, Family, Insolvency & Restructuring, Legal Practice, Litigation, Real Estate, Blaney McMurtry LLP, Punitive damages, Wrongful dismissal, Adverse possession, Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Across The EUniverse - Number Twenty three
    2017-10-31

    Summer is over and Autumn is truly upon us bringing back many of the winds that seemed die down in the golden summer of Macron. Eurosceptic parties have made electoral gains in Germany and in Austria and the same has now happened in the Czech Republic. The hope that Macron and Merkel could push forward a strong integrationist agenda have faded somewhat as the German liberal party (and possibly the German Supreme Court) fight against common budgets and fiscal transfers.

    Filed under:
    European Union, Italy, Employment & Labor, Insolvency & Restructuring, Insurance, Litigation, Public, Trade & Customs, Nctm Studio Legale, Punitive damages, Gig economy, European Parliament
    Location:
    European Union, Italy
    Firm:
    Nctm Studio Legale
    Ontario Superior Court of Justice dismisses claim for punitive damages against directors of a former Ontario issuer
    2012-10-22

    In the recent decision of Frank v. Farlie, Turner & Co., LLC, 2011 ONSC 5519, Mr. Justice Perell of the Ontario Superior Court of Justice found, among other things, that punitive damages are not available under Part XXIII.1 of the Ontario Securities Act as such damages are inconsistent with the scheme and purpose of Ontario’s statutory secondary market disclosure liability regime.  In so doing, the court confirmed the fundamental importance of liability limits in continuous disclosure claims against directors and officers.

    Filed under:
    Canada, Ontario, Capital Markets, Insolvency & Restructuring, Litigation, Cassels Brock & Blackwell LLP, Public company, Punitive damages, Securities Act 1933 (USA), Ontario Superior Court of Justice
    Authors:
    Wendy Berman , Jonathan Wansbrough
    Location:
    Canada
    Firm:
    Cassels Brock & Blackwell LLP
    Petitioning creditors beware: no right to setoff for punitive damages from bad faith involuntary bankruptcy filings
    2018-08-15

    Creditors often think that an involuntary bankruptcy petition is a great bargaining chip when faced with a recalcitrant debtor. However, the actual filing of an involuntary bankruptcy petition (when that petition is filed in “bad faith”) confers a considerable risk to the petitioning creditors. Recently, the United States Court of Appeals for the Third Circuit issued an opinion that re-emphasizes just how risky bad faith involuntary petitions can be for creditors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, Punitive damages, Bankruptcy
    Authors:
    Krista L. Kulp
    Location:
    USA
    Firm:
    Cole Schotz PC
    Links for Restructuring Professionals to Key Cases, Articles, and News Briefs for May 10-15, 2018
    2018-05-31

    Here’s an aggregation of some of my Twitter posts from May 10-15, 2018, with links to important cases, articles, and news briefs that restructuring professionals will find of interest. Don’t hesitate to reach out and contact me to discuss any posts.

    May 10 – 15, 2018

    BK RELATED CASES:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Robbins DiMonte Ltd, Conflict of interest, Punitive damages, Personal jurisdiction
    Authors:
    Steve Jakubowski
    Location:
    USA
    Firm:
    Robbins DiMonte Ltd
    Caveat creditor: Risks of filing an involuntary bankruptcy
    2017-04-03

    When faced with a recalcitrant debtor, clients sometimes move too quickly to put the debtor into an involuntary bankruptcy, especially when fraudulent transfers and other creditor avoidance attempts become apparent. But creditors considering filing or joining in the filing of an involuntary bankruptcy petition, and the attorneys that represent them, have much to deliberate before becoming involved in an involuntary bankruptcy filing.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Thompson Coburn LLP, Punitive damages, Bankruptcy, Debtor, United States bankruptcy court
    Authors:
    Brian W. Hockett
    Location:
    USA
    Firm:
    Thompson Coburn LLP
    Oaks v. Miller (In re Miller)
    2016-12-07

    (Bankr. E.D. Ky. Dec. 6, 2016)

    Filed under:
    USA, Kentucky, Company & Commercial, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Punitive damages, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Eleventh Circuit Holds Bankruptcy Rules Applicable to Matters on Which the Reference has been Withdrawn to the U.S. District Court
    2016-07-19

    When an adversary proceeding is transferred to the district court pursuant to a withdrawal of the reference, which rules—and deadlines—apply: those contained within the Federal Rules of Civil Procedure, or those contained within the Federal Rules of Bankruptcy Procedure? The Eleventh Circuit recently held the Federal Rules of Bankruptcy Procedure, not the Federal Rules of Civil Procedure, govern adversary proceedings before the district courts. Rosenberg v. DVI Receivables XIV, LLC, 2016 WL 1392642 (11th Cir. 2016).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Punitive damages, Bankruptcy, Federal Reporter, US Code, United States bankruptcy court, Eleventh Circuit, Third Circuit, Fourth Circuit, Seventh Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Halpin v. Hardy (In re Hardy)
    2016-07-12

    (E.D. Ky. July 8, 2016)

    The district court affirms the bankruptcy court’s decision finding the debt dischargeable. The debtor sold a television to the plaintiffs, claiming it was a “high definition” television.The plaintiffs disputed that characterization and obtained a judgment in state court for the purchase price plus punitive damages. However, the court finds that the plaintiffs failed to meet their burden of proof in showing the requisite elements of § 523(a)(2)(A). Opinion below.

    Judge: Schaaf

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Punitive damages, Bankruptcy, Debtor, Debt, Legal burden of proof
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Employee Pay and the Bankruptcy Stay - Potential Pitfalls for Employers
    2016-06-27

    Businesses need to have written protocols in place to deal with bankruptcy filings by their employees and independent contractors, or they risk serious sanctions and, potentially, punitive damages for violations of the bankruptcy laws. Consider two examples.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Hunton Andrews Kurth LLP, Punitive damages, Bankruptcy, Independent contractor
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP

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