In a recently affirmed decision TVA obtained for the Chapter 7 bankruptcy trustee, the U.S. Bankruptcy Court held that a QPRT - generally irrevocable and commonly used in estate planning to hold personal residences - may nonetheless be revoked when the debtor retains a right to reacquire ownership of the residence. The View from Inside:QPRTs...
Despite best efforts to reduce expectations to a written contract, one can rarely estimate with much accuracy the creative ways a complaining party will claim he has been damaged by an alleged breach. The textbook case from the 19th century in Hadley v. Baxendale arose when a smith delivered a crankshaft too late, and the miller sued...
The high court recently published Park v. Trustees of the Cal. State Univ., reversing a split appellate-panel decision. The Court held plaintiff's retaliation claim could go forward and did not implicate protected conduct just because the trustees' decision involved protected communications. Skimming the decision, I was eager to find a discussion of the Court of Appeal's...
Aman is handing out leaflets in the train station, an old Soviet joke has it, when he is stopped by an officer. Examining the leaflets, the officer discovers they are just blank pieces of paper. "What is the meaning of this?" the officer asks. "What is there to write?" the man replies. "It's so obvious!"...
There are two kinds of developers: the pessimist, who sees a glass as half-empty, and the optimist, who sees the glass as four-fifths empty. Of California’s 163,000 square miles, just about 31,000 are developed. There’s a lot of opportunity to be had in California dirt. Literally, when it comes to a particular sort: just under...
Governor Newsom recently signed SB 1146, which among other provides new Code Civ. Proc., § 599, which extends "any deadlines that have not already passed as of March 19, 2020" upon continuance or postponement of trial. That includes discovery, expert discovery, and summary judgment motions. It also provides at Code Civ. Proc., § 2035.310 that...
If you have ever held a redacted document up to the light to see the redacted text, you know other attorneys are doing the same. In a redacted PDF, you might be able to copy and paste the obscured text. I've also seen redactions made with black boxes that could simply be moved aside. Here's...
If you have ever held a redacted document up to the light to see the redacted text, you know other attorneys are doing the same. In a redacted PDF, you might be able to copy and paste the obscured text. I've also seen redactions made with black boxes that could simply be moved aside. Here's...
Related Posts: YOU MAY BE ABLE TO LIMIT “CONSEQUENTIAL DAMAGES" IN YOUR CONTRACTS SLAPP NEWS: CALIFORNIA SUPREME COURT REITERATES, AGAIN, THAT WRONGDOING IS NOT “SPEECH” JUST BECAUSE SOMEONE TALKED ABOUT IT POKEMON MAKER SEEKS DISMISSAL OF NUISANCE & DISGORGEMENT SUIT
Related Posts: YOU MAY BE ABLE TO LIMIT “CONSEQUENTIAL DAMAGES" IN YOUR CONTRACTS SLAPP NEWS: CALIFORNIA SUPREME COURT REITERATES, AGAIN, THAT WRONGDOING IS NOT “SPEECH” JUST BECAUSE SOMEONE TALKED ABOUT IT POKEMON MAKER SEEKS DISMISSAL OF NUISANCE & DISGORGEMENT SUIT
Related Posts: YOU MAY BE ABLE TO LIMIT “CONSEQUENTIAL DAMAGES" IN YOUR CONTRACTS SLAPP NEWS: CALIFORNIA SUPREME COURT REITERATES, AGAIN, THAT WRONGDOING IS NOT “SPEECH” JUST BECAUSE SOMEONE TALKED ABOUT IT POKEMON MAKER SEEKS DISMISSAL OF NUISANCE & DISGORGEMENT SUIT
