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Are Make-Whole Provisions Enforceable in Bankruptcy? It May Depend on Where the Debtor Files | New...
Law.com· 17 hours agoMake-whole provisions require borrowers to pay a premium if a loan is repaid before maturity....
Dechert Re:Torts - Issue 16 | JD Supra
JD Supra· 5 days agoDechert Re:Torts is a monthly newsletter covering news and developments related to product liability and mass torts litigation. On April 29, 2024, the Supreme Court granted ...
Third Circuit Updates Its Standard for Granting Comity to Foreign Bankruptcy Proceedings | JD Supra
JD Supra· 3 days ago"Comity" is a principle of jurisprudence whereby, under appropriate circumstances, one country recognizes within its borders the legislative, executive, or judicial acts of another nation. Many ...
The Friday Five: Five ERISA Litigation Highlights - June 2024 | JD Supra
JD Supra· 1 day agoWhether a provider has sufficiently pleaded the existence of a valid assignment clause to withstand a Motion to Dismiss in light of recent Third Circuit precedent. Aetna Life Insurance Company ...
Fearless Fund Decision May Impact Race-Based Grantmaking | JD Supra
JD Supra· 1 day agoOn June 3, 2024, a divided three-judge panel of the United States Court of Appeals for the Eleventh Circuit ruled that an Atlanta hedge fund likely violated 42 U.S.C. § 1981 ...
USPTO Issues Updated Examination Guidance After Federal Circuit Overhauls Test for Design Patent...
The National Law Review· 2 days agoThe United States Patent and Trademark Office (USPTO) has issued a Memorandum to the Corps of Patent...
When a Rule 23(f) Appeal Becomes Something More: Fourth Circuit Exercises Pendent Appellate...
JD Supra· 2 days agoFederal Rule of Civil Procedure 23(f) gives the court of appeals discretion to review a narrow class of interlocutory orders: those granting or denying class certification ...
First Circuit Upholds Massachusetts Law Barring COVID-19 University Student Refund Claims Against...
JD Supra· 1 day agoThe First Circuit held that Law 80 — which immunizes Massachusetts colleges and universities for monetary claims based on certain actions during the Spring 2020 semester — was retroactively ...
Courts Repeatedly Dismiss Cases Where Plaintiffs Are Unable to Plausibly Allege Viable Claims Under...
The National Law Review· 2 days agoThe entire spectrum of furnishers – from national banks to fintechs, finance companies to servicers,...
The New Venue Debate: Inefficiencies of Applying a Dated Statute to a Modern World | New York Law...
Law.com· 17 hours agoWhile debtors’ selection of venue in Chapter 11 cases and the relevant statutes have been the...