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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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