News & Analysis as of

Contested Proceedings

Foley Hoag LLP

Bankruptcy Appellate Panel Blocks Cannabis Employee’s Chapter 13 Relief but Rejects Bright-Line Bar of Eligibility to be a Debtor...

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In a March 2024 decision, the U.S. Bankruptcy Appellate Panel for the First Circuit (the “Panel”) followed existing case law prohibiting debtors in businesses related to cannabis from availing themselves of federal bankruptcy...more

Stark & Stark

[Webinar] Guardianships for Persons Turning 18 and Contested Guardianships - April 23rd, 3:00 pm - 4:00 pm PDT

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Join attorneys Rob Morris, Esq. and Paul Norris, Esq. for this webinar presentation. Some of the topics covered will be: - Guardianship Procedures - Contested Guardianships - Adult Guardianships - Guardianship...more

Stark & Stark

[Webinar] Guardianships for Persons Turning 18 and Contested Guardianships - April 23rd, 9:00 am - 10:00 am PDT

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Join attorneys Rob Morris, Esq. and Paul Norris, Esq. for this webinar presentation. Some of the topics covered will be: - Guardianship Procedures - Contested Guardianships - Adult Guardianships - Guardianship...more

Adler Pollock & Sheehan P.C.

Protect Your Estate Against Undue Influence Claims

It’s your will, so you can say whatever you want to say in it, or change any part of it, whenever you want to, right? Well, not quite. First, you’re bound to follow the prevailing laws of your state. Second, your will could...more

Stange Law Firm, PC

What Are Findings of Fact and Conclusions of Law?

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Most understand that a court enters a judgment after a contested divorce or family law matter results in a trial. In the judgment, the court enters a ruling in terms of the result of the case. The case outcome binds the...more

Pillsbury Winthrop Shaw Pittman LLP

Coinbase Contests the SEC’s Regulatory Authority over Crypto Exchanges, Staking

Arguments presented by Coinbase in its answer to SEC charges would, if accepted, potentially deprive the SEC of its most effective tool in regulating digital assets. The SEC alleges in a Complaint in SDNY that Coinbase...more

Nelson Mullins Riley & Scarborough LLP

Bankruptcy 101: Bankruptcy Cases, Adversary Proceedings, and Contested Matters - Bankruptcy Basics for New and Non-Bankruptcy...

This entry is part of Nelson Mullins’s ongoing “Bankruptcy Basics” blog series that is intended to address foundational aspects of bankruptcy for new and non-bankruptcy practitioners and professionals. This entry will discuss...more

Warner Norcross + Judd

More Marriages Being Contested In Probate Litigation

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We are increasingly seeing more disputes over the validity of marriages in probate litigation. A recurring fact pattern is that a romantic partner will attempt to orchestrate a marriage to the second partner, who is suffering...more

Davies Ward Phillips & Vineberg LLP

Time (and Process) of the Essence: Ontario Court Accelerates Timing of Requisitioned Meeting

A recent decision of the Ontario Superior Court of Justice represents a rare victory for activists in overturning a target board’s proposed timing for setting a requisitioned meeting. While Canada is generally viewed as an...more

Hendershot Cowart P.C.

How to Contest an OSHA Citation – Be Aware of Deadlines, or Forfeit Your Right to Contest

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You have the right to contest an OSHA citation, but only if you meet the deadlines. The OSHA Employer Rights & Responsibilities handbook states, “a written Notice of Intent to Contest must be filed with the OSHA area director...more

Bracewell LLP

Stalemate at FTC Leads to Contested Merger Closing

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On May 14, 2021, despite not having obtained official approval from federal antitrust authorities, 7-Eleven Inc., the largest convenience-store chain in the U.S., took the highly unusual step of closing its $21 billion...more

Patterson Belknap Webb & Tyler LLP

The Final Say: Conversion from Chapter 11 to Chapter 7 is Not a Given

It is well-settled that if you are a debtor in chapter 11, you do not have the unfettered right to convert the case to a chapter 7 liquidation.  A recent 10th Circuit decision shows why. Kearney v. Unsecured Creditors...more

Kerr Russell

Preparing For Mediation In Bankruptcy

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In a facilitative mediation, a neutral party serves as a mediator and works with the litigants to reach a settlement. The mediator has no power to rule or bind the parties to a judgment or decision, but rather facilitates a...more

NAM (National Arbitration and Mediation)

Resolving Trust and Estate Disputes Utilizing Virtual ADR

The New York Law Journal Alternative Dispute Resolution (ADR) Special Report - Contested matters in the Surrogate's Courts of New York are part of the trend of increasing litigation in our society.  They are no less...more

Carlton Fields

Third Circuit Application of Certified Questions Confirms STOLI Policies Void in New Jersey

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We previously reported on the New Jersey Supreme Court’s ruling on the validity of stranger-originated life insurance (STOLI) policies in the June 2019 issue of Expect Focus — Life, Annuity, and Retirement Solutions....more

Skadden, Arps, Slate, Meagher & Flom LLP

A Look at 2019 Court Decisions That May Shape Restructuring Issues in the Year Ahead

A series of decisions over the past year — on issues such as make-whole premiums, intercreditor agreements, backstops for rights offerings and nonconsensual third-party releases — will likely have a significant impact in 2020...more

Seyfarth Shaw LLP

Fifth Circuit Provides New Grounds for Employers to Pursue Late Notices of Contest to OSHA Citations

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Seyfarth Synopsis: The United States Court of Appeals for the Fifth Circuit held that an untimely Notice of Contest to an OSHA citation was permissible due to “excusable neglect” by the employer, on account of a single...more

Burr & Forman

Appealing A South Carolina State Tax Case: Payment Or Bond?

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Taxpayers who disagree with a proposed tax assessment issued by the South Carolina Department of Revenue (SCDOR or DOR) may or may not be able reach an agreement at the administrative level. When taxpayers and SCDOR cannot...more

Nelson Mullins Riley & Scarborough LLP

Recent Changes to the Procedures for Lifting the Automatic Stay in Contested Cases before the South Carolina Administrative Law...

On March 12, 2018, South Carolina Act No. 134 went into effect making changes to the procedures for lifting the automatic stay in contested cases before the South Carolina Administrative Law Court (“ALC”). The changes...more

Adler Pollock & Sheehan P.C.

Fortify your estate plan against undue influence claims

A person can reasonably expect the declarations in his or her will to be carried out, as required by law. Usually, that’s exactly what happens. However, at other times, the will could be contested and his or her true...more

Orrick, Herrington & Sutcliffe LLP

Utah Federal Court Holds That Incontestability Statute Bars Insurer From Avoiding Death Claim on STOLI Policy

On March 13, 2017, Judge David Nuffer of the United States District Court for the District of Utah granted defendant Wilmington Trust Company's motion to dismiss a lawsuit seeking to invalidate an alleged "STOLI"...more

Conn Maciel Carey LLP

[Webinar] How to Contest MSHA Citations - March 16th, 1:00pm EDT

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As MSHA continues to issue citations and orders, it is essential that mine operators are aware of their contest rights. Just as important, operators need to know how to contest MSHA issuances while adhering to contest process...more

Carlton Fields

Insurable Interest Found in Life Insurance Policies Procured by Investors Through Fraudulent STOLI Scheme

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The Florida Supreme Court recently held that life insurance policies procured by investors through a STOLI scheme did not violate Florida’s insurable interest statute and could not be challenged after the two-year...more

JAMS

Diversity and Mediation

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Imagine two parties locked in a bitter and acrimonious dispute that has gone through six years of hotly contested litigation. At issue are the ownership and control of at least a dozen commercial and residential properties...more

Orrick, Herrington & Sutcliffe LLP

Florida Supreme Court Holds that STOLI Challenges are Barred by Two-Year Contestability Clause

On September 22, 2016, the Florida Supreme Court issued an eagerly-awaited opinion in Wells Fargo Bank, N.A. v. Pruco Life Insurance Co. The Court held that Florida's two-year contestability statute applies to bar an...more

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