News & Analysis as of

Appeals Bonds

King & Spalding

New York Bankruptcy Court Grants Loan Buyer's Motion for Full Recovery of $5 Million Supersedeas Appeal Bond

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On June 12, 2024, the U.S. Bankruptcy Court for the Southern District of New York granted a loan buyer’s motion to recover against a supersedeas appeal bond, finding that, as result of the appeal, the loan buyer suffered...more

Sullivan & Worcester

Clarifying the Availability of Zoning Appeal Bonds in Boston

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On July 20, 2024, the Massachusetts Supreme Judicial Court (“SJC”) decided Shoucair v. Board of Appeal of Boston, 494 Mass. 319 (2024), which clarified the standard for imposing a bond on a party who appeals the grant of...more

Pierce Atwood LLP

Breaking: Mass. high court confirms that in Boston, zoning appeal bond can be required without finding of bad faith or malice

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In its decision this morning in Shoucair v. Board of Appeal of Boston, the Supreme Judicial Court (SJC) held that in court appeals under § 11 of the Boston Zoning Enabling Act (Section 11), the trial judge can require the...more

DRI

A Defense Attorney’s Guide to Appeal Bonds

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For civil defense attorneys, “bond” is a four-letter word in more ways than one when it comes to appeals, because appeal bonds only come into play when something didn’t go right at the trial level. That being said, when the...more

Goulston & Storrs PC

Developers Beware: Difficult Multi-Step Process for Obtaining and Cashing In On Appeal Bonds

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Porter v. Bd. of Appeal of Bos., No. 22-P-974, 2024 WL 187241 (Mass. App. Ct. Jan. 18, 2024). The case of Porter v. Bd. of Appeal of Boston is the latest case that involves an eternal question posed by developers: how...more

Bowditch & Dewey

Court Found Abutters Appeal of Affordable Housing Project Meritless – Required to Post $35,000 Bond

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In 2020, the legislature amended the Zoning Act, G.L. c. 40A, et seq., to include language which would require a plaintiff appealing a decision to approve a special permit, variance or site plan to post a surety or cash bond...more

Holland & Knight LLP

California Court of Appeal Affirms Powerful Litigation Tool for Defending Housing

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One of the key problems contributing to California's housing crisis is that it is relatively easy for housing opponents to file litigation challenging housing approvals, and even a completely meritless lawsuit can cause years...more

ArentFox Schiff

Maximizing the Value of Distressed CCRC Bonds

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Whether CCRC residency agreements are treated as leases or contracts under state law could impact the recovery of CCRC bonds in the event of the insolvency of the CCRC owner. Some states treat CCRC residency agreements as...more

Carlton Fields

Second Circuit Concludes Suit to Recover on Defaulted Foreign Bonds Was Untimely

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The Second Circuit Court of Appeals recently concluded that a claim to recover on defaulted bonds issued by a foreign sovereign was untimely under New York’s six-year statute of limitation....more

Bracewell LLP

Your Word is Your Bond: Fifth Circuit Court of Appeals Determines Surety Bonds are Not Executory Contracts Even Through Multiparty...

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Following an August 11, 2022 opinion from the Court of Appeals for the Fifth Circuit, certain irrevocable surety bonds will not be considered executory contracts in bankruptcy, even when a court applies a functional...more

A&O Shearman

Second Circuit Affirms Dismissal Of Claims On Defaulted Argentina Bonds As Time-Barred

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On June 22, 2022, the United States Court of Appeals for the Second Circuit affirmed the dismissal of claims seeking recovery on defaulted bonds issued by the Republic of Argentina.  Bainbridge Fund Ltd. v. Republic of...more

Bradley Arant Boult Cummings LLP

Miller Act Suit Stayed until CDA Remedies Exhausted

A federal district court in Washington recently rejected a subcontractor’s motion for reconsideration of a previously granted motion to stay in a Miller Act lawsuit (the Miller Act governs prime contractor bond requirements...more

Perkins Coie

Charter Amendment Regarding Lease Revenue Bonds Did Not Require Voter Approval

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The California Court of Appeal held that 2016 amendments to the San Diego City Charter did not require the City to obtain voter approval prior to entering into a lease revenue bond transaction with the Public Facilities...more

McDermott Will & Emery

International News: Healthcare - Spotlight on the Industry - May 2021

Sovereign Wealth Fund Investment in the Global Healthcare Industry - Sovereign Wealth Funds (SWF) seek out investments that are resilient, conducive to their aims and objectives, and reasonably free from market...more

Miles Mediation & Arbitration

Georgia Changes Lien Law

On August 5, 2020, Georgia Governor Brian Kemp signed a new law, Senate Bill 315, changing Georgia’s lien law statute, O.C.G.A. 44-14-366. The new statute, effective January 1, 2021, makes clear that lien waivers only waive...more

Akin Gump Strauss Hauer & Feld LLP

International Construction: On-Demand Bonds & Guarantees - First Judicial Guidance on URDG 758

In Leonardo S.p.A v. Doha Bank Assurance Company LLC1 the Appellate Division of the Qatar Financial Centre in a Judgement handed down by Lord Thomas of Cwmgiedd, Justice Chelva Rajah SC and Justice Ali Malek QC stressed the...more

Carlton Fields

Surtax in Gridlock – The Saga of Hillsborough County’s Transportation Surtax Reaches the Florida Supreme Court

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Four hundred and fifty-six days after it was approved by more than 57% of the Hillsborough County electorate, legal challenges to a county charter amendment that added a 1% sales tax designed to finance the county’s...more

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden's 2020 Insights

Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more

Robins Kaplan LLP

Financial Daily Dose 11.19.2019 | Top Story: T-Mobile Chief John Legere to Leave Company in April

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T-Mobile chief and fan-of-magenta John Legere has announced that he’ll be stepping down in April at the end of his current contract. Legere will be succeeded by Mike Sievert, the carrier’s current president and COO....more

Patterson Belknap Webb & Tyler LLP

Venezuela Debt Update: Recent Developments in Arbitrations that Could Impact Restructuring Efforts

It’s hard to find something positive these days to write about Venezuela. Some basic facts tell the story of the misery there. Consumer prices this year might rise one million percent. The minimum wage was increased by...more

Dechert LLP

Global Private Equity Newsletter - Fall 2018 Edition: Recent Developments in Acquisition Finance: New York’s High Court Allows...

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In an overlooked aspect of the recent New York Court of Appeals decision in Cortlandt St. Recovery Corp. v. Bonderman1, New York’s high court has allowed direct claims to move forward against two private equity firms for the...more

A&O Shearman

United States Moves To Dismiss Sole Remaining Charge In Long-Running Securities Fraud Case

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On July 30, 2018, federal prosecutors moved to dismiss the sole remaining charge of securities fraud against former bond trader Jesse Litvak, ending a five-year criminal case during which Litvak was twice convicted after...more

Burr & Forman

Appealing A South Carolina State Tax Case: Payment Or Bond?

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Taxpayers who disagree with a proposed tax assessment issued by the South Carolina Department of Revenue (SCDOR or DOR) may or may not be able reach an agreement at the administrative level. When taxpayers and SCDOR cannot...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Statute of Limitations Related to Breach of Fiduciary Duty

Bass, Berry & Sims attorney Chris Lazarini examined a case of alleged breach of trust and breach of fiduciary duty against a bank acting as the indenture trustee related to a foreclosure action on defaulted mortgage revenue...more

Sherman & Howard L.L.C.

Sherman & Howard Public Finance Advisory: UMB Bank, N.A. v. Landmark Towers Association

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On Monday, December 11, 2017, the Colorado Supreme Court issued an important decision with respect to the election process that is necessary for much of Colorado public finance. The case arises out of an election held...more

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