News & Analysis as of

Money Judgment

Wiley Rein LLP

Breach of Contract Exclusion Bars Coverage for Judgment Rendered in Employment Dispute

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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

Freiberger Haber LLP

Settlement Agreement Found To Be an Instrument for The Payment of Money Only Sufficient to Grant Summary Judgment In Lieu of...

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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

Bennett Jones LLP

Show Me the Money! British Columbia’s Money Judgement Enforcement Act

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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

Freiberger Haber LLP

It’s Settled!!  The Second Department Holds that Length Does Matter

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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

Ervin Cohen & Jessup LLP

Is a Receiver Entitled to Interest on the Receiver’s Awarded, but Unpaid, Fees?

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

Fox Rothschild LLP

Enforcing Equitable Distribution Orders During an Appeal

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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

Ervin Cohen & Jessup LLP

When Should A Receivership Be Terminated?

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

BCLP

New SDNY Order & Legislative Developments Potentially Impacting New York Foreclosure & Debt Collection Proceedings and Judgments

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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

Miller Canfield

Ohio Court of Appeals Affirms $30 Million Libel Verdict Against Oberlin College

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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

Harris Beach PLLC

New York Lowers Statutory Interest Rate on Money Judgments for Consumer Debts Pursuant to the Fair Consumer Judgment Interest Act

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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

Williams Mullen

USDOJ Announces $5.6 Billion in False Claims Act Recoveries: What the Increased Emphasis on FCA Cases Means for Your Business

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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

Woods Rogers

2021 Legislative Changes that Impact Virginia Community Associations

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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

Ervin Cohen & Jessup LLP

Getting A Receiver In Aid Of Execution Just Got A Lot Harder

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

Butler Snow LLP

How to Attack a Negative Net Worth Affidavit, Part II: A Case Study

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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

Butler Snow LLP

How to Attack a Negative Net-Worth Affidavit, Part I: The Procedure

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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

Parker Poe Adams & Bernstein LLP

North Carolina: A Great Place To Pursue Old Judgments From Other States

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

Dorsey & Whitney LLP

The Supreme Court - May 27, 2021

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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

Dorsey & Whitney LLP

(Updated) Federal Circuit Gives a Makeover to $66 Million Judgment Against Beauty Giant

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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

Goodwin

FTC Settles Claims with Student Loan Debt Relief Companies

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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

Dorsey & Whitney LLP

Federal Circuit Gives a Makeover to $66 Million Judgment Against Beauty Giant

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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

Snell & Wilmer

Increasing Cross-Border Protections to Business Deals: Seeking a Foreign-Country Money Judgment in Arizona

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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

Latham & Watkins LLP

Datenschutz: Latham DSGVO-Schadensersatztabelle gibt schnellen Überblick über aktuelle Urteile und Schadenssummen

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

New California Law Expands Successor Liability for Labor Code Judgments

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

Hinshaw & Culbertson LLP

GDPR and the Uniform Foreign Country Money Judgments Recognition Act

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

Dorsey & Whitney LLP

Montana Supreme Court Upholds $2.3 Million Judgment Against Former Employees Subject to Restrictive Covenant

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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

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