Personal Injury Law | JD Supra Legal News, Updates, Analysis, & Information

Plaintiff Was Judicially Estopped From Pursuing A Sexual Harassment Claim Because Of Her Failure To Include The Lawsuit As A...

by Warner Norcross & Judd - Appellate Practice... on 5/11/2012

A person can be judicially estopped from pursuing a sexual harassment claim based on her failure to include the lawsuit as a potential asset in a Chapter 13 bankruptcy proceeding. In Spohn v. Van Dyke Public Schools, the...more

Buyer Beware: 363 Sale May Not Absolve Successor Liability

by Mintz Levin - Bankruptcy, Restructuring &... on 4/19/2012

It has long been understood by buyers of assets of distressed companies that once a sale is authorized pursuant to Section 363 of the Bankruptcy Code, the buyer is absolved of any liabilities which may have encumbered the...more

How did bankruptcy affect Alabama car defect lawsuit?

by Johnston, Moore & Thompson, Huntsville... on 4/11/2012

Many of us drive every day. If we upkeep our vehicles and follow traffic laws, we generally feel that we should be able to count on our safety. But there are elements that are out of our control, which is a scary thought....more

Plaintiff’s Medical-Malpractice Claim Is Not Limited By His Estimation Of Its Value During Bankruptcy

by Warner Norcross & Judd - Appellate Practice... on 3/26/2012

In Szyszlo v Akowitz, No. 299570, the Court of Appeals concluded that at the time plaintiff filed his medical-malpractice suit, he was a real party in interest, even though he filed bankruptcy between the accrual of his claim...more

ABUSE OF RIGHT

by Flavio Stella on 8/14/2011

ABUSE OF RIGHT -- OBSERVATIONS --...more

Medical Bills & Bankruptcy – Dealing With the Pain of Debt

by John Skiba on 6/8/2011

In a fair amount of bankruptcy cases that I file medical bills are a significant part of what lead to the bankruptcy filing. Many people simply can’t afford health insurance and when they get sick the bills can be...more

Be Careful What You Wish For, You Just Might GIT It

by Gilbert LLP on 6/7/2011

Originally published in Law 360 - June 7, 2011. The Third Circuit recently reached a sharply divided en banc decision concerning insurer standing to object to a debtor-policyholder’s bankruptcy plan in In re Global...more

Jesuit Diocese in Bankruptcy Compensates Abuse Victims

by Tampa Bay Bankruptcy Center, P.A. on 4/4/2011

The Northwest Jesuits and their insurers have agreed to a $166.1 million settlement to compensate more than 500 victims of sexual and physical abuse in five states. Some accounts of abuse date back as far as the 1940’s and...more

Archdiocese of Milwaukee Files For Bankruptcy As a Result of Abuse Litigation

by Randall Reese on 1/5/2011

On Tuesday, the Archdiocese of Milwaukee, Wisconsin became the latest in a string of Catholic Dioceses to file for chapter 11 protection as a result of costs associated with clergy abuse litigation. The Milwaukee Archdiocese...more

Helfand Highlights

by Tanya Helfand on 1/1/2011

Helfand Highlights Newsletter from January 2011...more

Construction Accident Leads to Important OSHRC Ruling

by Johnston, Moore & Thompson, Huntsville... on 12/8/2010

The Occupational Safety & Health Review Commission, which hears appeals of OSHA citations and penalties, has ruled that employers cannot escape liability for repeat safety violations by reorganizing. The case was an appeal of...more

Reversal of Decision In Bayou Group Bankruptcy Offers Little Guidance For The Institutional Investor Wishing To Redeem From A...

by Sheppard Mullin Richter & Hampton LLP on 10/26/2010

In a partial reversal of a decision from Bayou Group LLC's bankruptcy case, the U.S. District Court for the Southern District of New York reconsidered a controversial ruling that sent shivers down the spines of institutional...more

CR&B Alert: Commercial Restructuring & Bankrtupcy News - September 2010, Issue 3

by Reed Smith on 9/14/2010

IN THIS ISSUE: • Sellers Beware — Unauthorized Payments from ‘Cash Collateral’ Will be Avoided — page 2 • The Third Circuit Expands the Substantial-Performance Test to Determine if a Trademark License Contract is...more

California Court Of Appeal Applies Three-Year Limitation Under Delaware Law To Claim Against Dissolved Delaware Corporation

by Sheppard Mullin Richter & Hampton LLP on 5/11/2010

In Greb v. Diamond Int’l Corp., 2010 Cal. App. LEXIS 566 (Cal. App. 1st Dist. Apr. 26, 2010), the California Court of Appeal for the First District affirmed the trial court’s dismissal of a personal injury claim against a...more

In re Motors Liquidation Co. (f/k/a General Motors Corp.)

Appointment of Official Committee of Unsecured Creditors Holding Asbestos Related Claims

by Randall Reese on 3/2/2010

Late last week, the United States Trustee for Region 2 announced two changes to the official creditors' committees appointed in the bankruptcy cases of Motors Liquidation Co. (formerly known as General Motors Corporation) and...more

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Personal Injury – May 24, 2012

Narrowed by: Bankruptcy