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Full Faith and Credit Clause

Charles E. Rounds, Jr. - Suffolk University...

Creating a nonvoidable domestic asset protection trust (DAPT) that has multijurisdictional contacts: The state and federal...

Creating a domestic asset protection trust (DAPT) that both has multijurisdictional contacts and is nonvoidable in whole or in part is easier said than done. There are the state conflict-of-laws issues, a few of which I...more

BakerHostetler

Washington State’s New Shield Law, Part of Washington’s ‘Choice-Defending Agenda,’ Modifies Obligations Related to Other States’...

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Entities that receive criminal process (such as subpoenas or search warrants) in Washington state should review Washington’s new Shield Law, which the legislature just passed as part of its post-Dobbs “choice-defending...more

Perkins Coie

Ninth Circuit Affirms District Court’s Dismissal of Claims as Preempted by NLRA and Class Action Settlement

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The U.S. Court of Appeals for the Ninth Circuit, on March 18, 2022, applying de novo review, affirmed the district court’s dismissal of plaintiff Cesar Moreno’s wrongful termination claims against his former employer,...more

Jackson Lewis P.C.

Ninth Circuit Affirms State Court’s Authority to Approve Class Action Settlements

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Absent class members in state-court class actions cannot pursue individual claims in federal court when the class has entered into a settlement releasing all such claims and a state court has entered final judgment approving...more

Fox Rothschild LLP

Where’s Your Daddy?

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In its recent opinion in Warren County Department of Social Services ex rel. Glenn v. Garrelts, the North Carolina Court of Appeals addressed an unusual choice of law issue. In the recitation below, for ease of reading, I...more

Fox Rothschild LLP

N.Y. Amends Law On Recognition Of Foreign Judgments

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Governor Andrew Cuomo signed into law on June 14 legislation that amended Article 53 of the New York Civil Practice Law and Rules (“CPLR”), changing the rules regarding the state’s recognition of foreign money judgments...more

Farrell Fritz, P.C.

Commercial Division Denies Application to Enforce Stipulation of Settlement for Lack of Standing

Farrell Fritz, P.C. on

The Full Faith and Credit Clause of the United States Constitution provides that “Full Faith and Credit shall be given in each State to the public acts, records, and judicial proceedings of every other state.” In terms of...more

Hogan Lovells

Remote Online Notarization Across State Lines

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Digital technologies are paving the way for more convenient and efficient transactions. Paper documents and wet-ink signatures are being replaced by their electronic equivalents, and “in-person” appearances can now be...more

Snell & Wilmer

Increasing Cross-Border Protections to Business Deals: Seeking a Foreign-Country Money Judgment in Arizona

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In an increasingly connected global economy, foreign countries or companies may find themselves seeking foreign-country money judgments in unexpected places, such as Arizona. To address this situation, the Arizona Legislature...more

Holland & Hart LLP

Cleopatra’s Inheritance Is Safe in South Dakota

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Cleopatra Cameron is the granddaughter of wealthy oilman Arthur A. Cameron. Cleopatra’s father, Arthur A. Cameron, Jr., created several spendthrift trusts for Cleopatra’s benefit which are collectively referred to in this...more

Rosenberg Martin Greenberg LLP

Can I Garnish That Joint Bank Account? That May Depend On What The Term “Judgment” Means

Does a creditor who obtains a judgment against a debtor in Florida and then records that judgment in Maryland have a single judgment that it can enforce in Florida and Maryland or a Florida judgment and a separate Maryland...more

Harris Beach PLLC

State Appellate Court Affirms Out-of-State Liquidation Order Not Entitled to Full Faith and Credit

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A risk retention group (RRG) is a state-chartered insurance company that insures commercial businesses and government entities against liability risks, including medical malpractice. In 2017, Oceanus Insurance Company, RPG,...more

Ward and Smith, P.A.

Finishing the Job: The Importance of Domesticating a Foreign Judgment

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How does a creditor enforce a judgment against a debtor who either relocates to another state, or owns property in another state? If the judgment is not paid and satisfied, can the creditor follow the judgment-debtor...more

Harris Beach PLLC

Judgment by Confession: New York State Quashes Loophole Harming Out-of-State Debtors

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A new amendment in New York that restricts the use of judgments by confession will protect debtors and limit the ability of creditors to exploit a loophole. The change prohibits a creditor from filing a confession of...more

Ballard Spahr LLP

South Dakota Supreme Court Protects Trusts from California Order

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California resident Cleopatra Cameron was the beneficiary of trusts created under California law. In 2009, her husband, Christopher Pallanck, filed for divorce in California. As part of the divorce proceeding, the California...more

Allen Matkins

Stare Decisis Strikes Out At The Supreme Court

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Readers of this blog may remember the case of Gilbert Hyatt versus the California Franchise Tax Board. The litigation arose from the FTB's outrageous conduct in auditing Mr. Hyatt after he claimed to have moved to Nevada. See...more

Dorsey & Whitney LLP

The Supreme Court - May 13, 2019

Dorsey & Whitney LLP on

The Supreme Court of the United States issued three decisions this morning: Apple, Inc. v. Pepper, No. 17-204: Apple’s App Store is the only place iPhone users may lawfully buy apps. Although Apple sells the apps...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Toni 1 Trust v. Wacker: The Current State of Domestic Asset Protection Trusts

Seventeen states now have statutes allowing for the creation of a domestic asset protection trust (“DAPT”), also sometimes referred to as a self settled spendthrift trust or a self settled asset protection trust. Although...more

BCLP

Eight Lessons for Your Practice from the Law of Canine Replevin (#5 Will Amaze You)

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Some years ago, a judge in New York wrote that “the reported cases for replevin of a pet dog are few, in part because of the legal expense involved in maintaining such an action.” Webb v. Papaspiridakos, 889 N.Y.S.2d 884...more

Sands Anderson PC

Court Refuses to Exclude Evidence of Disciplinary History of Plaintiff's Expert

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The plaintiff filed a Complaint alleging she was injured in a March 23, 2013, automobile accident. In her initial expert disclosure, the plaintiff identified a single doctor as her only damages expert. The doctor had never...more

Bradley Arant Boult Cummings LLP

Dealing with Competing Class Actions, Part One – Race to Judgment and First-to-File Rule

Multiple actions involving the same subject matter and the same defendant are a common feature of the U.S. class action landscape. In this series of blog posts, we’ll examine the problem of competing class actions, which...more

McDermott Will & Emery

Breaking News: Federal Court Finds Delaware’s Unclaimed Property Enforcement “Shocks the Conscience”

On June 28, 2016, the much-anticipated memorandum opinion of the US District Court for the District of Delaware in Temple-Inland, Inc. v. Cook et al., No. 14-654-GMS was released on the parties’ cross-motions for summary...more

Davis Wright Tremaine LLP

Supreme Court Rejects Maryland Power Plant Subsidies, But Signals Permissible Ways for States to Incentivize New Plants

In recent years, Maryland attempted to subsidize new power plants by guaranteeing prices for generating capacity at wholesale auctions administered by PJM Interconnection L.L.C. (PJM). Tuesday, the Supreme Court unanimously...more

Dorsey & Whitney LLP

The Supreme Court - April 2016 #3

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The Supreme Court of the United States issued decisions in two cases on April 19, 2016: Hughes v. Talen Energy Marketing, LLC, No. 14-614: Congress, though the Federal Power Act (“FPA”), 16 U.S.C. §791a et seq., vested...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Franchise Tax Board of California v. Hyatt

On April 19, 2016, the Supreme Court decided Franchise Tax Board of California v. Hyatt, No. 14-1175, holding that under the Full Faith and Credit Clause, U.S. Const., Art. IV, § 1, a State may not decline to apply the law of...more

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