Can I collect my judgment if the other side is appealing?
The United States District Court for the Eastern District of Louisiana, applying Louisiana law, has held that an insurer does not need to cover a monetary judgment rendered in favor of two former employees of the insured...more
In past articles, we have examined a motion under CPLR § 3213... CPLR § 3213 is a procedural mechanism that allows a party to make a motion for summary judgment before filing a complaint in actions based upon “an instrument...more
A legal system cannot adequately function without providing an effective mechanism for litigants to acquire their monetary judgements. The legislative methods employed in British Columbia to enforce money judgements have been...more
Most often a lawsuit begins with the filing of a summons and complaint or summons with notice. CPLR 304. Once the lawsuit is commenced, the plaintiff is required to serve the defendant(s) with process – the event by which...more
Q: In a receivership I just wrapped up, the court approved by final account and report and awarded me final fees. Because there were insufficient funds in estate to pay my fees in full, the court ordered the defendant to pay...more
Equitable distribution orders often direct the payment of money from one former spouse to the other. And normally money judgments are entirely enforceable during an appeal, unless the appellant gets a supersedeas bond. So...more
Q: I was appointed a receiver to collect a judgment. I have not yet filed my final account and report, the court has not approved my final fees. Other creditors of the judgment debtor are demanding that I pay them, because...more
The Southern District of New York has granted a preliminary injunction prohibiting state officials from implementing or enforcing retroactive applicability of recently passed legislation (S.B. 5724A, 244thLeg. Sess., c. 831...more
The Ohio Court of Appeals affirmed a judgment in excess of $30,000,000 against Oberlin College, holding that Oberlin was responsible for libelous statements made during the course of a student protest. Gibson Bros., Inc. v....more
For the first time since 1981, New York will lower the interest rate on money judgments based on consumer debts from nine percent (9%) per annum to two percent (2%) per annum. Governor Kathy Hochul signed the bill, S5724-A,...more
In a press release issued on February 1, 2022, the Department of Justice announced that its fiscal year 2021 recoveries on False Claims Act settlements and judgments totaled over $5.6 billion. This number represents the...more
In the midst of the COVID-19 crisis, the Virginia General Assembly had a busy 2021 session that consisted of a regular session and a subsequent special session during which it passed many different pieces of legislation that...more
Q: I have a large judgment against a wiley debtor. While I was able to execute on some of his bank accounts, the road to his other assets, which I know he owns or controls, has gone cold....more
In Part I of this two-part series, we covered the basic procedure for attacking a negative net-worth affidavit filed to supersede a money judgment. This post offers a case study for successfully applying that procedure and...more
You’ve obtained a money judgment, and your client is anxious to get paid. The judgment debtor files a notice of appeal and an affidavit claiming it has a negative net worth. The judgment debtor argues it is entitled to...more
Got any old judgments you were hoping to collect? If so, you may want to take a hard look at pursuing collection in North Carolina. An August 3 ruling from the North Carolina Court of Appeals regarding out of state judgments...more
Today, the Supreme Court of the United States issued the following decision: San Antonio v. Hotels.com, L.P., No. 20-334: Although the general rule in litigation is that each side bears its own attorney’s fees, certain...more
Earlier this month, the U.S. Court of Appeals for the Federal Circuit reversed a $66 million dollar judgment against beauty industry giant L’Oréal for patent infringement, trade secret misappropriation, and a related breach...more
On May 17, 2021, the Federal Trade Commission (FTC) announced a settlement with several student loan debt relief companies and their respective owners. The settlement stems from a complaint filed in 2019, in which the...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
Die Latham DSGVO-Schadensersatztabelle gibt einen Überblick über aktuelle Entscheidungen deutscher Gerichte zu Schmerzensgeldern nach der EU-Datenschutz-Grundverordnung (DSGVO). Die Tabelle fasst Urteile übersichtlich...more
On September 30, 2020, California Governor Gavin Newsom signed Assembly Bill (AB) 3075, which amends the California Labor Code to allow employees to collect wage and hour judgments not only from their employers, but also from...more
You are an American company. While you sell product or otherwise interact with Europe, and thereby collect personal information about European residents, you have no assets or facilities on that continent. Nonetheless, you...more
Montana is often perceived as unfriendly to restrictive covenants in employment agreements. But in a decision last week, the Montana Supreme Court showed its willingness to enforce those covenants, when they contain...more