In Manti Holdings, LLC, et al. v. The Carlyle Group, Inc., et al., C.A. No. 2020-0657-SG (Del. Ch. June 3, 2022), the Delaware Court of Chancery addressed fiduciary duty claims in the context of a conflicted controller...more
A recent decision of the Delaware Supreme Court, State of Del., Dept. of Fin. v. AT&T, Inc., Case No. 303, 2020 (Del. June 1, 2021), Seitz, C.J., provides a framework for resolving disputes concerning administrative subpoenas...more
The Pennsylvania Supreme Court’s recent decision in Gregg, et al. v. Ameriprise Fin., Inc., et al. holds vendors that provide goods and services to consumers in the Commonwealth of Pennsylvania strictly liable for fraudulent...more
Swift Acquisition Corp. v. Krauss, et al., Case No. 2019-0509-PAF (Del. Ch. Aug. 25, 2020)—The Delaware Court of Chancery may permit a purchaser to pursue claims for breach of contract and fraud against a seller and its...more
As the economic impact of the COVID-19 pandemic expands, several states within the Northeast and Mid-Atlantic regions have taken different approaches concerning commercial property evictions. Below, we outline information on...more
Rotkiske v. Klemm, 589 U.S. (2019)
In a recent decision, the US Supreme Court ruled that a consumer claimant under the federal Fair Debt Collection Practices Act (“FDCPA”) has one year from the alleged violation to file...more
12/23/2019
/ Cause of Action Accrual ,
Credit Cards ,
Debt Collectors ,
Default Judgment ,
Discovery Rule ,
Equitable Tolling ,
FDCPA ,
Rotkiske v. Klemm ,
SCOTUS ,
Service of Process ,
Statute of Limitations
The U.S. Supreme Court has established an objective standard for determining whether a creditor should be held in civil contempt when the creditor attempts to collect a debt subject to a bankruptcy discharge order....more
6/7/2019
/ Appeals ,
Attorney's Fees ,
Bankruptcy Appellate Panel (BAP) ,
Bankruptcy Code § 524(a) ,
Bankruptcy Discharge Order ,
Chapter 7 ,
Civil Contempt Orders ,
Concurrent Litigation ,
Creditors ,
Dischargeable Debts ,
Injunctive Relief ,
Money Judgment ,
Reasonable Belief Test ,
Remand ,
Reversal ,
SCOTUS ,
Standard of Review ,
Statutory Violations ,
Taggart v Lorenzen ,
Vacated
Barbato v. Greystone Alliance, LLC, No. 18-1042 (3d Cir. Feb. 22, 2019), Krause, J. – The United States Court of Appeals for the Third Circuit recently held that an entity, which acquired debt for the principal purpose of...more
Companies that do not follow corporate formalities and accepted bookkeeping practices may be more susceptible to an expansion of the types or forms of records they have to make available—namely email communications— to...more
Sparton Corp. v. O’Neil, et al., C.A. No. 12403-VCR (Del. Ch. Aug. 9, 2017) – In this opinion, the Delaware Court of Chancery addressed a situation in which a purchaser of a company discovered that the actual amount of...more
The United States Circuit Court of Appeals for the Third Circuit issued a decision that significantly affects the rights of upstream producers. Applying Delaware law, the Third Circuit explained that the upstream producers...more
The Fair Debt Collection Practices Act (the “Act”) was created to protect consumers against abusive debt collection practices. The notice provision is one feature of the Act that requires debt collectors to notify consumers...more
Chicago Bridge & Iron Co. v. Westinghouse Elec. Co. LLC, et al., No. 573, 2016 (Del. June 28, 2017) - The Delaware Supreme Court reversed the Court of Chancery’s entry of judgment on the pleadings based on a flawed...more
Unsecured creditors frequently find themselves in the lurch when a company files for bankruptcy. One of the few mechanisms for recovering the value of goods supplied to a debtor prior to a bankruptcy case is an administrative...more
In re Massey Energy Co. Deriv. & Class Action Litig., C.A. No. 5430-CB (Del. Ch. May 4, 2017), Bouchard, C. – The Delaware Court of Chancery granted the defendants’ motion to dismiss the complaint based on the continuous...more
The United States Supreme Court unanimously held that an entity’s efforts to recover payment of a debt purchased from a third party for its own account is not subject to the Fair Debt Collection Practices Act (the “Act”). ...more
In a May 16, 2017 ruling, the United States District Court for the District of Delaware affirmed the order of the bankruptcy court denying a party’s motion to compel arbitration. In doing so, the District Court adhered to...more
Williams Companies, Inc. v. Energy Transfer Equity, L.P., et al., No. 330, 2016 (Del. Mar. 23, 2017) – The Delaware Supreme Court affirmed the judgment entered by the Court of Chancery in favor of the defendant concerning the...more
EMSI Acquisition, Inc. v. Contrarian Funds, LLC, et al., C.A. No. 12468-VCS (Del. Ch. May 3, 2017), Slights, V.C. The Delaware Court of Chancery honored the well-settled policy against fraud and its limitation on parties’...more
The United States Supreme Court recently held that the submission of a proof of claim in a Chapter 13 bankruptcy case for payment of a time-barred claim did not violate the Fair Debt Collection Practices Act (the “Act”)....more
In a May 8, 2017 ruling, the Delaware Bankruptcy Court denied the official committee of unsecured creditors from accessing certain documents withheld from production based on the attorney-client privilege. Despite the purpose...more
J.M. Shrewsbury v. Bank of N.Y. Mellon, 2017 WL 1374746 (Del. Apr. 17, 2017) – The Supreme Court of Delaware, sitting en banc, issued a decision of interest to lenders seeking to foreclose on real property in the state of...more