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Dentons

Provision of Security for Judgment Debt as a condition for grant of an order for stay of execution

Dentons on

In matters involving debt recovery, the primary consideration for the creditor is recovery of the amount owed or judgment debt. Most creditors are keen to know the options that guarantee or aid recovery of the debt in the...more

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

Judge Alice M. Batchelder endeavors to limit via a dissenting opinion the damage one federal appellate court has surely done to...

The foundation of the federal appellate court’s holding in JPMorgan Chase Bank v. Winget (6th Cir., 2022) is the false premise that an inter vivos trust under which its settlor has reserved a right of revocation (hereinafter...more

Jaburg Wilk

Arizona Supreme Court Clarifies and Heightens Punitive Damages Standard in Negligence Cases

Jaburg Wilk on

The Holding - In Swift Trans. Co. of Az., LLC. v. Carman in and for County of Yavapai, — Ariz. —, 515 P.3d 685 (Aug. 23, 2022), a bodily injury and wrongful death case arising from a tractor-trailer accident, the Arizona...more

Butler Weihmuller Katz Craig LLP

To Remand or Not to Remand, That Is the Question

​​​​​​​Generally, a case is not removable to federal court “more than one year after commencement of [an] action.” However, a defendant may remove a case to federal court after the one-year deadline if it can demonstrate the...more

Nossaman LLP

9th Circuit Puts ESA Rules Vacatur on Hold

Nossaman LLP on

On September 21, 2022, the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) stayed a July 5, 2022 order of the U.S. District Court for the Northern District of California (District Court) vacating several...more

Dentons

Black box tips from Dentons' Scottish Disputes team: Interim interdict – proceed with caution

Dentons on

From caterpillar cakes to gin bottles, the recent flurry of "copycat" supermarket product claims have highlighted the importance of the Scottish remedy of interdict and its English equivalent, injunction....more

Farrell Fritz, P.C.

Magic Words Still Matter, and Equitable Defenses Can’t Save a “Void” Transfer

Farrell Fritz, P.C. on

New York’s default rules regarding LLC members’ rights to transfer their interests appear in sections 603 and 604 of the LLC Law. Section 603 provides that a membership interest is fully assignable, but the assignee does not...more

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

Equity’s ancient good-faith-purchaser-for-value-without-notice (BFP) doctrine plays a critical role in trust jurisprudence to this...

Nowadays, if a student in a U.S. law school brushes up against BFP doctrine at all, it is likely to be at the intersection of Property and Contracts. Assume the rightful owner of a painting contracts to sell it to a museum....more

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

Centuries ago the absence of full donative intent inherent in a gift to a “use” sparked the evolution of resulting-trust doctrine,...

The history of the resulting trust concept: The resulting trust is not a new concept. Not long after the chancellor began enforcing uses in fifteenth-century England, he was confronted with the issue of what was to happen to...more

Stinson - Government Contracting Matters

DC Circuit Sets FCA Offset Standard to Limit What the Government Can Recover in USA v. Honeywell International Inc.

The civil False Claims Act (FCA) prohibits entities from fraudulently inducing the Government to contract, take or refrain from taking action, or make payment.  Under the FCA, contractors that falsely certify their compliance...more

Saiber LLC

The NetChoice LLC Texas Case: Stay by Fifth Circuit Vacated by the Supreme Court

Saiber LLC on

The December 16, 2021 post “Texas Enjoined from Enforcing Law Targeting Social Media Platforms” reported how on December 1, 2021 a federal court in Texas enjoined enforcement of a law which would have limited a large number...more

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

Absent a history of meticulous fiduciary recordkeeping and asset segregation, trusteeship can bring with it some serious personal...

The subject of this posting is the trustee who is neither the trust’s settlor nor one of its beneficiaries. The trustee also possesses no non-fiduciary powers of appointment, such as a right of revocation. The trustee and...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeals) - August 29 - September 2, 2022

Dorsey & Whitney LLP on

The California Supreme Court issued the following decisions last week: Hoffmann v. Young, et al., Case No. S266003: Under Civil Code section 846, landowners generally owe no duty of care to keep their property safe for...more

Latham & Watkins LLP

UK High Court Ruling in Competition Claim Highlights Consequences of Disclosure Failures

Latham & Watkins LLP on

The ruling is also a reminder of the circumstances in which the court may order indemnity costs for such failures. On 29 July 2022, the UK High Court ruled in Cabo Concepts Limited v. MGA Entertainment (UK) Limited that...more

Genova Burns LLC

You Snooze You Lose: NJ Appellate Division Affirms Dismissal of Sleep Apnea Disability Bias Class Action

Genova Burns LLC on

​​​​​​​On August 15, 2022, the New Jersey Appellate Division declined to reinstate a disability bias class action brought by a New Jersey Transit train operator who was required undergo a sleep apnea screening due to the...more

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

What does it take for a gratuitous declaration of trust to be enforceable?

A declaration of trust arises when the owner of an interest in property declares himself or herself to be trustee of that interest for the benefit of someone. What does it take to make such an arrangement enforceable? Assume...more

Sheppard Mullin Richter & Hampton LLP

Insufficient Evidence: Fifth Circuit Affirms Denial of Preliminary Injunction for Trade Secret Misappropriation

While preliminary injunctions are not uncommon in trade secrets misappropriation cases, a recent Fifth Circuit decision highlighted the importance that the movant put forth colorable evidence of misappropriator “use” of the...more

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

The myriad trust applications of equity's maxims have in no way been rendered obsolete by the Uniform Trust Code.

It is professionally unwise for one with only the UTC in hand to endeavor to navigate in the trust space. Recall that the UTC is merely an aggregation of tweaks to fundamental equity doctrine. The trust being a creature of...more

Eversheds Sutherland (US) LLP

Tough Medicine, Part 2: Litigation lessons from Medtronic

​​​​​​​The Tax Court issued its second opinion in Medtronic following a remand by the US Court of Appeals for the Eighth Circuit (Medtronic, Inc. v. Comm’r, 900 F.3d 610 (8th Cir. 2018)) of its earlier decision. In that...more

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

In a matter involving the internal affairs of a trust may trust counsel simultaneously represent not only the trustee but also any...

Legal ethicists use the Warren Trust controversy as a case study when debating such issues as whom trust counsel represents, whether trust counsel ethically can be a lawyer for a “family” or a “situation,” and what...more

Jones, Skelton & Hochuli, P.L.C.

Arizona Supreme Court Clarifies Punitive Damage Standard

In a long-awaited decision, the Arizona Supreme Court today issued its decision in Swift v. Carman, clarifying the standard for seeking punitive damages. The seminal punitive damage cases of Linthicum and Rawlings held...more

Saiber LLC

The Saiber Construction Law Column: July/August 2022

Saiber LLC on

The June 2022 edition of OnSite Magazine discussed the case of J&M Interiors v. Centerton Square Owners, which addressed a subcontractor’s right to be paid under New Jersey’s Prompt Payment Act (“PPA”). Several months after...more

Downey Brand LLP

Court of Appeal Caps Pretrial Attachment in Financial Elder Abuse Cases

Downey Brand LLP on

Plaintiffs who sue for financial elder abuse run the risk that defendants will spend ill-gotten gains before they can be recovered. To address this problem, the California Legislature gave plaintiffs the opportunity to...more

Littler

Alberta, Canada: Court Uses Oppression Remedy to Hold Corporate Directors Personally Liable for Wrongful Dismissal Damages

Littler on

In Wisser v CEM International Management Consultants Ltd, 2022 ABQB 414 (CEM International), the court used the oppression remedy to hold directors of a corporation personally liable for damages for wrongful dismissal after...more

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

Echoes of the Doctrine of Worthier Title in current trust law

In §5.2 of Loring and Rounds: A Trustee’s Handbook (2022) we consider those trusts whose remaindermen are to be determined by reference to formulas set forth in intestacy statutes, provisions such as “upon the death of the...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

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California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

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Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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