The Chartwell Chronicles: Medicare & Medicaid
Advancing Agriculture: Security Interests and Article 9 Challenges (Part 2)
Podcast - Credit Funds: Make-Wholes and Cramdowns: Understanding the Recent Second Circuit Momentive Decision
Connecticut Collections: How to get paid if you are owed money? Part 3: Steps in the Collection Process
Construction Lien Law: What You Need to Know to Protect Your Company
Bill on Bankruptcy: The Market's Unquenchable Thirst for Junk
The due diligence of an asset purchase is quite often given less priority and attention than it should (read: must) warrant. An asset purchase transaction is often quite complex financially and legally. The buyer agrees to...more
Key Points: The New Jersey workers’ compensation statute and applicable case law protects employers’ worker’s compensation lien rights against an injured worker’s third-party recovery....more
Q: I have a client who owes money to the IRS. While I know the IRS likely has a tax lien, my understanding was it just waits until a taxpayer’s property is sold and then gets paid out of escrow. Instead, here, the IRS has...more
Use this guide as a reference when filing lien and bond claim notices for the month of September. If you have any questions about the lien and bond claim process, don’t hesitate to reach out to any member of the Gray Reed...more
In a recent case, the California Court of Appeal held that a contractor could foreclose a mechanic's lien, over the project owner's objection, even though the contractor had not provided a preliminary notice of lien to the...more
One of the most common protections for laborers, contractors, suppliers, and others providing construction services or materials for a project is the right to a lien against the project property for the value of the work...more
An unpublished opinion previously issued by the Washington Court of Appeals, Cascade Civil Construction, LLC v. Jackson Dean Construction, Inc., reinforces strict compliance with notice of claim provisions in construction...more
In a recent decision, the North Carolina Court of Appeals held that a general contractor’s execution of partial lien waivers did not prejudice a supplier’s lien rights on the construction project. The case is Atlantech...more
You did not get paid for your labor and material, so you ask, what can I do? Alabama’s lien law provides you an opportunity to place a lien on the property for certain unpaid amounts for labor and materials. If you follow the...more
N.J. Transit Corp. v. Joseph, No. A-1194-22 (Mar. 19, 2024) - In October 2019, Darshelle Joseph was injured while working for NJ Transit and filed a workers’ compensation case and a third party case against the tortfeasor. In...more
The IRS recently concluded that certain commercial property assessed clean energy (“CPACE”) assets are “obligations . . . secured by an interest in real property” under Code Section 860G(a)(3) in a private letter ruling...more
Dans l’affaire Pinnacle Living (Capstan Village) Lands Inc. v. Fairway Recycle Group Inc. (l’« affaire Pinnacle Living »), la Cour d’appel de la Colombie-Britannique (la « CACB ») s’est récemment penchée sur la capacité d’un...more
Dans l’affaire Lesenko v. Wild Rose Ready Mix Ltd. (l’« affaire Lesenko »), la Cour du Banc du Roi de l’Alberta (la « CBRA ») a envoyé un message clair au Comité des règles de procédure et à la Cour d’appel de l’Alberta (la «...more
By Jonathan H. Freiberger Today’s article relates to renewal judgments under CPLR 5014 in the face of potentially defective service of process. This BLOG has previously addressed CPLR 5014...more
In Pinnacle Living (Capstan Village) Lands Inc. v. Fairway Recycle Group Inc. (Pinnacle Living), the British Columbia Court of Appeal (Court) recently considered the ability of an owner to obtain a discharge of a lien by...more
Use this guide as a reference when filing lien and bond claim notices for the month of July....more
In the fast-paced world of legal operations, managing high volumes of Subpoenas, Law Enforcement Responses, Garnishments, Levies, Liens, and DSAR’s can be a daunting challenge. These requests can present complex issues of...more
In most cases, a party to a lawsuit unhappy with a ruling cannot appeal that decision until the lawsuit is completely done. The general rule is that only “final orders” can be appealed – meaning there is nothing the trial...more
On June 17, 2024, the Massachusetts Supreme Judicial Court issued an opinion of first impression regarding the Prompt Pay Act, M.G.L. c. 149, §29E, holding that a contractor found to have violated the Prompt Pay Act for...more
The Court of King's Bench, in Lesenko v. Wild Rose Ready Mix Ltd. (Lesenko), has sent a clear message to the Rules of Court Committee and the Alberta Court of Appeal about the desire for new standard of review rules for...more
The mechanic’s lien is a well-known legal device to ensure those making repairs on an owner’s property have a legal claim to the property if the owner doesn’t make the required payments for those repairs. However, Maryland...more
Use this guide as a reference when filing lien and bond claim notices for the month of June....more
Given the recent growth of the secondaries market in the litigation finance space, Secondary Investors should consider how to best approach their review of potential transactions. In addition to the economics of a given...more
In the last edition of Under Construction, we offered a basic introduction to Arizona’s mechanics and materialmen’s liens. This time, we discuss the issues related to timing of such liens...more
Hughes v. Port Auth. of N.Y. & N.J. and State of N.J. Second Inj. Fund, No. A-1188-22 (Jan. 30, 2024) - In this case, the Appellate Division affirmed the workers’ compensation order for an increase in the petitioner’s...more