Liens

News & Analysis as of

Construction E-Note - April 9, 2014

In This Issue: - Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement - Your Venue, My Bond Claim: A Florida Law Primer - The Condominium Form Of...more

SCOTUS Denies Certiorari In Lien Stripping Case

On March 31, the U.S. Supreme Court denied a petition for a writ of certiorari in an Eleventh Circuit case that raises the issue of whether, under section 506(d) of the Bankruptcy Code, a chapter 7 debtor can “strip off” a...more

Your Venue, My Bond Claim: A Florida Law Primer

Construction clients very often perform work in places far from either the corporate office, or far from the construction client's local office. Our clients even perform work - dare we admit - far from their attorney's...more

Round Two – Ground Rent Holders vs. Legislature – Goes to…

In a case decided February 26, 2014, State of Maryland v. Stanley Goldberg, et al., No. 8, September Term, 2013, the Maryland Court of Appeals found that legislation that replaced the remedy of ejectment with a...more

ERISA (7th Cir.): Beneficiary and Attorney Who Ignore Subrogation Lien for Medical Bills Paid by ERISA Plan “Better Call Saul”

You have seen this one before: The ERISA plan pays hundreds of thousands of dollars in medical bills and secures an equitable lien. Then, the ERISA plan beneficiary settles a tort claim, but refuses to reimburse the ERISA...more

Warehouseman’s Liens – for traders, banks and storage operators

When goods are delivered to a professional storage operator (we will refer to them as a warehouseman) for safe keeping, they may become subject to a lien. A lien is a security right which gives the warehouseman rights over...more

Lean Times May Call For Lien Measures – What You Need To Know About Miners’ Liens In Northern Canada

Given the present economic climate of falling metal prices and depressed equity markets for mining companies, many owners and operators of mines are experiencing cash flow and working capital shortages. As a result,...more

Fifth Circuit Recognizes Compensation Lien In Jones Act Case

In Chenevert v. Travelers Indemnity Co., No. 13-60119 (5th Cir. March 7, 2014), the Fifth Circuit formally recognized the right of an insurer providing and making voluntary payments to an injured employee under the Longshore...more

High Court to Consider the Scope of a Liquidator's Lien

On 6 March 2014, the High Court of Australia (High Court) will consider in detail, for the first time since Re Universal Distributing Co Ltd (1933) 48 CLR 171, the circumstances in which a liquidator is entitled to claim a...more

Fisker Automotive: Narrow Decision Limiting Credit Bidding Rights Where The Scope And Validity Of Creditor’s Lien Was In Question

Section 363 of the Bankruptcy Code governs the sale of a debtor’s assets outside of the ordinary course of business. A debtor may use Section 363 to sell all, or substantially all, of its assets free and clear of any liens...more

Satisfaction of Judgments

In previous posts, we have given an overview of judgment liens, including what must be included in the underlying judgment, and have described how to obtain judgment liens on real property and personal property. If a creditor...more

Bill Would Authorize Pre-Judgment Wage Liens On Real And Personal Property Of Employers And Third Parties

I often say that to be an employer in California is to be sued. California is litigious and its labor (and other) laws are maddingly complex. Last spring, Assembly Member Bonnie Lowenthal submitted a bill, AB 1164, that...more

Commercial Real Estate Broker Liens

Arizona, by statute, allows a commercial real estate broker in certain limited circumstances to record a lien against the owner’s real property which is the subject of the commission agreement, in order to protect the...more

eAlert - California Employment Legislative Update: What's New for 2014?

In California, the New Year means new laws and regulations for California employers. Below we summarize new legislation that will affect employers doing business in California beginning January 1, 2014, unless otherwise...more

Construction E-Note - December 19, 2013

In this Issue: - Alabama's New Sales Tax Exemption Procedure for Contractors and Subcontractors Beginning On January 1, 2014 - OSHA Combustible Dust Standard on the Horizon – What Every Industry Should Know -...more

Liens on Real Property by Labor Commissioner

Under current law, the California Labor Commissioner has the authority to hear employee complaints regarding the payment of wages and other employment-related issues. The Labor Commissioner is required to file an order,...more

The Devil is in the Details

Recently here at McNees, we have been involved with dealer issues that have focused the light on the forms used in the vehicle sales process. There are numerous forms that need to be used to document the final sale of a...more

Alabama Court Of Appeals Reiterates The Strict Requirements For Filing A Proper Materialman Lien

In a recent Alabama Civil Circuit Court of Appeals (“Court of Appeals”) decision, Gunther v. Carpet Systems of Huntsville, Inc., 2013 WL 5496178 (Ala. Civ. App. Oct. 4, 2013), the Court of Appeals highlighted the notice...more

How To Perfect And Enforce A Mineral Lien: Six Steps

If you furnish labor or materials to an oil or gas well and are not paid, then you should consider filing a mineral lien. Below are the steps to perfect a mineral lien....more

California Employment Law Update: What’s New for 2014

The California Legislature was unusually active this year. Significantly, California increased the state minimum wage, created new “unfair immigration-related practices,” and expanded protections for whistleblowers. All laws...more

Does a Service Provider Have a Lien Over Customer Data?

On 19 November, Datateam won permission to appeal from an unreported decision of District Judge Bell sitting in the Reigate County Court on 12 June. The facts of the case, which related to unpaid invoices for database...more

Be Secure In Understanding Secured Interests

When a business borrows money, especially when it’s a new business, the lender wants to make sure it will be repaid even if the business fails. The lender often asks for additional security that it will be paid. Additional...more

For Secured Creditors, Too Late May Be Too Little

In a recent advisory, we reported on an apparently favorable decision to secured creditors from the Fifth Circuit Court of Appeals that held that a secured creditor’s claim survives bankruptcy where the secured creditor...more

Construction Law e-Bulletin: Notice of Furnishing: More Important Than Ever - News from the Construction Law Group

Occasionally, old news is new news. The topic of notice by subcontractors and suppliers to preserve their lien and bond payment rights is discussed more often than may be necessary, but inattention or carelessness in regard...more

Newly Enacted California Statutes

California has amended Cal. Lab. Code § 218.5 to limit the circumstances under which an employer may recover its attorney’s fees and costs as the prevailing party in a lawsuit in which an employee has sued for nonpayment of...more

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