Appeals, Standing | JD Supra Law News

In Fontainebleau Appeal, Eleventh Circuit Confirms That Term Lenders Lack Standing To Enforce Revolving Lenders’ Commitments

by Julian Chung, Matthew Craner, Joseph Frank, Jason White | Orrick, Herrington & Sutcliffe LLP on 3/1/2013

Last week, the Eleventh Circuit Court of Appeals held that lenders in syndicated credit facilities do not have standing to enforce the funding commitment that other lenders owe to the borrower in the absence of specific...more

Delaware Supreme Court Allows Opt-Out Right in Securities Case Certified on Equitable Grounds

by Frank Oliva | BakerHostetler on 1/16/2013

In In Re Celera Corporation Shareholder Litigation, No. 212, 2012 (Del. Dec. 27, 2012), the Delaware Supreme Court reversed the lower Court of Chancery and ruled that a large holder of Celera Corporation (“Celera”) shares...more

USPTO Issues First Decision Instituting CBM

by Michelle Holoubek | Sterne, Kessler, Goldstein & Fox P.L.L.C. on 1/11/2013

On January 9, 2013, the Patent Trial and Appeal Board (PTAB) issued its first decision in a Covered Business Method Patent Review (CBM) proceeding, instituting the trial on all claims requested. The decision issued in...more

Delaware Supreme Court Addresses Settlement of Class Action Deal Litigation

by Wilson Sonsini Goodrich & Rosati on 1/8/2013

In the final days of 2012, the Delaware Supreme Court resolved an appeal arising out of class action litigation concerning the sale of Celera Corporation to Quest Diagnostics, Inc. The litigation was settled by agreement of...more

In re Celera Corp. S’holder Litig., No. 212, 2012 (Del. Dec. 27, 2012)

by Potter Anderson & Corroon LLP on 1/7/2013

In this en banc decision, the Delaware Supreme Court affirmed the Court of Chancery’s certification of a class representative in a breach of fiduciary duty action, even though the class representative sold its stock in the...more

Illinois Supreme Court to Issue Final Four Civil Opinions on Friday Morning

by Kirk Jenkins | Sedgwick LLP on 12/26/2012

This morning, the Illinois Supreme Court announced that it will issue four more civil opinions on Friday morning to close out 2012. The upcoming decisions deal with issues as diverse as res judicata and absolute immunity,...more

Receivers in Arbitration Proceedings

by Peter Davidson | Ervin Cohen & Jessup LLP on 9/5/2012

QUESTION: My client is involved in a partnership dispute. The partnership agreement provides all disputes are to be resolved by binding arbitration. I may want to have a receiver appointed to operate the partnership property...more

Judgment On Credit Card Debt Affirmed After Standing Established

by Winstead PC on 6/29/2012

In Rogers v. Unifund CCR Partners, the court of appeals held that the evidence of standing and breach of contract was sufficient and supported a judgment for a company based on an amount due under a credit card agreement.No....more

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Appeals › Standing