News & Analysis as of

Attorney's Fees Fraud

WilmerHale

Federal Circuit Patent Watch: Ordering In-Person Appearance to Testify Regarding Potential Fraud on the Court is within Court's...

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Precedential and Key Federal Circuit Opinions - 1.  BACKERTOP LICENSING LLC [OPINION] (23-2367, 23-2368, 24-1016, 24-1017 Prost, Hughes, and Stoll) - Hughes, J. The Court affirmed the District Court’s orders (1)...more

Tyson & Mendes LLP

NO WAY, PRO SE! The Consequences of Abusing the Judicial System as a Pro Se Litigant in Colorado

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Intolerable, vexatious, egregious, grievous. These are just some of the adjectives used by the Colorado Supreme Court to describe the actions of a now-disbarred attorney, in a 51-page opinion issued in GHP Horwath PC et al....more

Ward and Smith, P.A.

Collection Costs of a Non-Discharged Debt Also Are Non-Discharged

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Bankruptcy offers debtors an opportunity for a "fresh start," the primary draw for many individuals seeking to unburden themselves of their debt. A bankruptcy discharge relieves a debtor of their legal obligation to repay...more

Falcon Rappaport & Berkman LLP

Fourth Circuit Holds That Settlement of Nondischargeable Debt and Resulting Interest and Fees Owed Thereunder Are Both...

We have written in the past about exceptions to the general rule regarding a debtor’s ability to discharge debt in bankruptcy and achieve a “fresh start.” In a recent decision of interest, the Court of Appeals for the Fourth...more

Fuerst Ittleman David & Joseph

Florida Litigation Procedure Update: Third DCA Clarifies Key Aspects of § 57.105

In AT&T Mobility, LLC v. Rigney, 3D21-2261 (Fla. 3d DCA Sept. 6, 2023), Florida’s Third District Court of Appeal reviewed the denial of two motions for sanctions under section 57.105, Florida Statutes. In its ruling, the...more

Winstead PC

Court Of Appeals Affirmed Findings Of Breach Of Fiduciary Duty Against Wife In Divorce Proceeding

Winstead PC on

In Banister v. Banister, the trial court found that a wife breached her fiduciary duty to the husband, committed fraud on the community estate, and wasted community assets. No. 03-21-00517-CV, 2023 Tex. App. LEXIS 4063 (Tex....more

Bradley Arant Boult Cummings LLP

The American Rule Stands? Appellate Court Remands for Prevailing Party to Segregate Between Recoverable and Non-Recoverable Fees

Another week, another fee-shifting case. This ones involves a 28-unit condo project in the Houston Heights neighborhood of Houston (see 2017 Yale Development, LLC v. Steadfast Funding, LLC, 2023 WL 3184028 (Tex. App. May 2,...more

King & Spalding

The U.S. Supreme Court Agrees to Decide Cases Regarding Whether and When Non-U.S. Plaintiffs May Use RICO to Enforce Foreign...

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On January 13, 2023, the United States Supreme Court agreed to hear two related cases in which it will decide for the first time whether and in what circumstances a foreign (non-U.S.) plaintiff may bring a civil action under...more

Payne & Fears

Business Partners Beware: Siry Decision Likely Gives Commercial Disputes More Bite

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The California Supreme Court last week issued a decision in Siry Investments vs. Saeed Farkhondehpour that could dramatically expand the remedies available to partners or others in a commercial dispute who are victims of...more

Patton Sullivan Brodehl LLP

California Supreme Court: Penal Code Section 496(c) Can Apply To Business Disputes

In a long-awaited opinion — Siry Investment, L.P. v. Farkhondehpour — the California Supreme Court held that California Penal Code section 496 can apply to a business dispute. The opinion resolves a split of authority among...more

Allen Matkins

California Supreme Court Allows Treble Damages For Diversion Improper Limited Partnership Distributions

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Section 496(a) of the California Penal Code criminalizes the receipt of stolen property.  Section 496(c) provides that a person injured by a violation of Section 496(a) may "bring an action for three times the amount of...more

Fox Rothschild LLP

Business Court Imposes Sanctions on Attorney-Litigant for Falsifying Evidence

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Think back-dating that email will help your case? Think again. Ford v. Jurgens, 2022 NCBC Order 9 (N.C. Super. Ct. Feb. 16, 2022) involved a dispute between a nonprofit real estate investment association (“the...more

Bass, Berry & Sims PLC

Anti-Retaliation under the False Claims Act

The False Claims Act encourages whistleblowers to come forward when they suspect their employer is committing fraud. This post provides a general overview of the False Claims Act’s anti-retaliation provision, which protects...more

McDermott Will & Emery

Self-Dealing Lawyer Held Jointly and Severally Liable in Trade Secret Misappropriation

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The US Court of Appeals for the Fifth Circuit affirmed a judgment holding a lawyer jointly and severally liable for trade secret misappropriation and fraudulent transfer and enjoining any further use of the trade secrets...more

Snell & Wilmer

California Construction Law Update for 2021

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In the 2020 COVID-19 year, there were not that many construction-related cases decided by the California Courts of Appeal, and none by the California Supreme Court. However, there were a number of interesting cases that raise...more

Patton Sullivan Brodehl LLP

Penal Code Remedies for LLC Misappropriation?

Can the sledgehammer remedies of California Penal Code section 496 — treble (triple) damages and attorney fees — apply for misappropriation of an LLC’s property? The California Supreme Court is set to answer that question...more

Hudson Cook, LLP

How Not to Handle a Crisis: FTC Sues Marketer for Deceptive COVID Stimulus Mailers

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In April, we wrote about the Georgia Attorney General's Office's warnings against deceptive advertising related to COVID-19 stimulus payments. In its guidance, the AG noted the possibility that representations implying that a...more

Patton Sullivan Brodehl LLP

Courts Split Over Application of Penal Code to Claims of LLC Misappropriation

Almost one year ago, in Switzer v. Wood, California’s Fifth Appellate District held that an LLC manager or member participating in the theft of the LLC’s property could face liability under Penal Code section 496 — a statute...more

Carlton Fields

Eleventh Circuit Affirms Confirmation of Arbitration Award Over Claims of Fraud, AAA Rule-Breaking, and Lack of Jurisdiction

Carlton Fields on

The Eleventh Circuit recently affirmed the confirmation of an arbitration award in a dispute involving a contract to obtain signatures for a Florida solar energy ballot initiative over claims that the prevailing party engaged...more

Seyfarth Shaw LLP

Another Court Takes A Bite Out Of Forum Shopping: Plaintiffs Must Bring Nationwide Class Claims Where Defendants Are Incorporated...

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Seyfarth Synopsis: In the wake of the U.S. Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773, 1780 (2017), numerous district courts across the country have ruled that they...more

Nutter McClennen & Fish LLP

5 Patent Law Petitions to Watch at the Supreme Court

As the 2018-2019 Supreme Court term nears its end, several consequential patent law petitions still await certiorari rulings before the Justices recess for the summer, while other patent cases are scheduled to be briefed and...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 10, 2019

Carlton Fields on

Real Property Update - Ad Valorem Taxes: in a matter of first impression, county's immunity from taxation does not extend extraterritorially to property it owns in another Florida county - Joiner v. Pinellas Cnty., Fla.,...more

Bass, Berry & Sims PLC

Chris Lazarini Analyzes Presumption of Fraud in Case Involving Advisor's Effort to Avoid Paying a Promissory Note

Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which a former investment advisor at UBS sought to prevent the company from collecting on promissory notes the advisor owed to UBS upon his departure. After the...more

Manatt, Phelps & Phillips, LLP

Employment Law - August 2018 #4

Sixth Circuit: Employer Violated ADA by Firing Diabetic Employee - Why it matters - An employer violated the Americans with Disabilities Act (ADA) for terminating a diabetic employee who drank orange juice at the cash...more

Sheppard Mullin Richter & Hampton LLP

In Case Alleging Nationwide Pharmacy Fraud, Kmart Scores Narrow Settlement

As described in an April 17, 2018 article originally posted on the Sheppard Mullin Richter and Hampton, LLP False Claims Act Defense Blog, Kmart Corporation and the U.S. Department of Justice entered into a False Claims Act...more

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