Contractor’s Failure to Comply With Municipality’s Bid Requirements Leads to Null Contract And $6 Million in Losses A divided panel of the Court
Leads to Null Contract And $6 Million in Losses A divided panel of the Court of Appeals of Puerto Rico affirmed a lower court’s declaration that...
P.R. Supreme Court Alert: Landmark Ruling Allows Inverse Condemnation Claim When Government Refuses to Vacate Property After Lease Expired
Claim When Government Refuses to Vacate Property After Lease Expired In Ortiz Zayas v. ELA, a landlord leased an office to the P.R. Department of Justice.
Congress’s Power to Ban Marijuana Challenged By Renowned Attorney David Boies In González v. Raich, the U.S. Supreme Court upheld Congress’s
Boies In González v. Raich, the U.S. Supreme Court upheld Congress’s authority to prohibit the local cultivation and use of marijuana.
Certificate of Incorporation Provision Shielding Board’s Interference in Director Election Is Void as Contrary to Delaware Law
Director Election Is Void as Contrary to Delaware Law Delaware's corporate statute is widely regarded for its flexibility.
There Is No Cause of Action to Recover Damages Caused by Municipality’s Negligence or Bad Faith in Requiring Performance of Services Without
Negligence or Bad Faith in Requiring Performance of Services Without a Contract In Super Diesel & Gas Auto Shop, Inc. v. Mun. de Mayagüez, the P.R.
Specific Performance of Obligation to Use Reasonable Best Efforts to Close de-SPAC Transaction Denied by the Delaware Court of Chancery
Close de-SPAC Transaction Denied by the Delaware Court of Chancery Delaware and Puerto Rico law differ when it comes to the availability of specific...
First Circuit Vacates Ruling Upholding RI Ban on Direct Delivery of Wine by Out-Of-State Retailers to RI Consumers A state law that discriminates
by Out-Of-State Retailers to RI Consumers A state law that discriminates against out-of-state goods or nonresidents would normally be struck down...
8th Circuit: Chapter 5 Avoidance Actions Can Be Sold As Property of the
Estate The Bankruptcy Code provides the trustee with powerful tools intended to enhance the value of the bankruptcy estate.
Credit Bid Improperly Denied by Auction Company
One of the most important protections that the Bankruptcy Code provides to secured creditors in the context of a sale of collateral is the right to bid...
Bankruptcy Court Holds That a Lien Constituted Under the Puerto Rico Condominium Act for an Apartment Owner’s Liability for Common Expenses Is Not
Condominium Act for an Apartment Owner’s Liability for Common Expenses Is Not a Security Interest Until Registered Judge Enrique S. Lamoutte of the U.S.
Rolled-Over Retirement Funds From Deceased Spouse Are Exempt Property
A debtor that rolls over the funds from a late spouse’s IRA into the debtor’s own IRA, can claim those funds as exempt under §522(b)(3)(C)...
Critical Vendor Orders Not Authorized Under the Bankruptcy Code
According to Oregon BJ Today’s Rochelle’s Daily Wire discusses a recent decision out of the U.S.
SCOTUS’ Appling Continues to Make it Harder to Exempt a Debt From Discharge Debts incurred by making intentional false representations are generally
Discharge Debts incurred by making intentional false representations are generally exempt from a debtor’s discharge in bankruptcy.
City of Chicago v. Fulton was decided by the U.S. Supreme Court on January 14, 2021. The case centered around whether the City of Chicago's refusal
January 14, 2021. The case centered around whether the City of Chicago's refusal to return impounded vehicles after the vehicle owners filed...
Failure to Timely Dissolve Garnishment After Bankruptcy Filing Leads to Automatic Stay Violation
Automatic Stay Violation A creditor was found to have willfully violated the automatic stay by failing to dissolve a pre-petition writ of garnishment.
Hours ago the Supreme Court of the United States resolved a split among several circuits of the U.S. Courts of Appeal on whether Section 363(m)
several circuits of the U.S. Courts of Appeal on whether Section 363(m) of the Bankruptcy Code is jurisdictional in nature.
SCOTUS: Post-Trial Rule 50 Motion Not Required to Preserve Legal Issues
Resolved at Summary Judgment In a unanimous opinion, the Supreme Court held that a post-trial motion under Rule 50 is not required to preserve...