Collecting against an insolvent debtor (i.e., defendant) creates issues and places pressure on the creditor (i.e., plaintiff) to secure the debtor’s assets while final judgment in a lawsuit is pending. Oftentimes there is a...more
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
WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - Provisional remedies are critical tools for preserving the parties' status quo until the court has had an opportunity to decide the case and issue a final judgment. ...more
On second rehearing and after submitting a question to the Louisiana Supreme Court, the Fifth Circuit determined that the Louisiana nonresident attachment statute allows for attachment in aid of arbitration. The underlying...more
The Internal Revenue Service (“IRS”) faces many challenges when attempting to collect unpaid taxes from taxpayers with foreign assets who reside abroad (“international delinquent taxpayer” or “IDT”). Common obstacles include...more
David F. Johnson, leader writer for the Texas Fiduciary Litigator blog, presented his paper on “Saving Your Damages Award Via Temporary Injunctive Relief” to the State Bar of Texas’s Damages in Civil Litigation Course in...more
One of the most important aspects of protecting a client’s rights is obtaining temporary injunctive relief from a court. This relief usually takes the form of an order precluding a defendant from closing a deal, selling real...more
The courts undoubtedly have the power to grant provisional remedies in aid of a pending arbitration – including temporary restraining orders, preliminary injunctions, and attachments. As a recent Fifth Circuit decision...more
On June 19, 2107 the U.S. Supreme Court decided Rubin v. Islamic Republic of Iran, holding that the Foreign Sovereign Immunities Act allows some but not all of the property of a state sponsor of terrorism to be attached to...more
NAFTA’s Future Looks Increasingly Uncertain - The United States, Mexico and Canada have now completed the fifth round of negotiations concerning the renegotiation of NAFTA, and the future of the treaty is looking...more
Bordelon Marine, LLC sued Bibby Subsea ROV, LLC for damages and for writ of attachment arising out of a disagreement over the chartering of an offshore vessel. Pending arbitration, litigation was stayed, but a dispute arose...more
In early August, the D.C. Circuit refused to allow victims of terror attacks to take control of the Internet domain names of Iran, North Korea, and Syria as a means of satisfying previous money judgments awarded to the...more
During the dog days of summer, anything with the word “freeze” may sound appealing. But if the freeze is a “trustee process attachment” (tying up a bank or other institutional account), a whole different set of emotions can...more