News & Analysis as of

Motion for Relief

Haynsworth Sinkler Boyd, P.A.

Don’t Forget! – the Importance of Filing Proofs of Claim

A recent case from the United States Bankruptcy Court for the Northern District of Indiana is a strong reminder to secured creditors of the importance of filing a proof of claim. In In re Ramirez Flores, 22-10010 (Bankr....more

Nelson Mullins Riley & Scarborough LLP

Can You Chat Your Way to Relief from Stay?

Bankruptcy lawyers recently gained access to a promising technology for improving the efficiency of tasks like drafting a motion for relief from stay. ChatGPT allows users to employ generative artificial intelligence by...more

McGlinchey Stafford

Who has Standing to Assert a TILA Violation? - McGlinchey’s Commercial Law Bulletin - February 20, 2023

McGlinchey Stafford on

Ohio- Non-Signatory Compelling Arbitration Duff v. Christopher, 11th Dist. Lake, No. 2023-Ohio-349. In this appeal, the Eleventh Appellate District affirmed in part and reversed in part a trial court’s decision compelling...more

Keating Muething & Klekamp PLL

United States Supreme Court Clarifies Boundaries of Federal Civil Rule 60(b)

Getting a trial court to rethink its prior decision is a steep climb. The United States Supreme Court’s decision in Kemp v. United States, issued June 13, 2022, makes achieving such outcomes easier in one sense, but more...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Kemp v. United States

On June 13, 2022, the U.S. Supreme Court decided Kemp v. United States, No. 21-5726, holding that the term “mistake” in Federal Rule of Civil Procedure 60(b)(1) includes a judge’s errors of law, and therefore Petitioner...more

WilmerHale

OSHA Publishes COVID19 "Vaccine or Test" Mandate for Employers

WilmerHale on

On November 5th, 2021, the federal Occupational Safety and Health Administration (OSHA) issued an emergency regulation that assigns US employers a central role in the Biden Administration’s COVID-19 pandemic response. Several...more

Fox Rothschild LLP

Be Precise When Expressly Abandoning A Trademark Application Or Face The Consequences

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In a recent precedential decision, the Trademark Trial and Appeal Board (“TTAB”) cautioned practitioners to be careful what they ask for and to draft their filings accordingly. On September 8, 2021, the TTAB denied...more

Dorsey & Whitney LLP

New Mexico Court Reminds that Prosecuting Prepetition Claims in Bankruptcy May Still Violate the Automatic Stay

Dorsey & Whitney LLP on

There is more than one way that a creditor of a bankrupt entity (or debtor) can directly prosecute its claims in bankruptcy. If the creditor is involved in prepetition litigation with the debtor, it could request relief from...more

Fox Rothschild LLP

Resisting The Urge To Give The Trial Court One Last Chance—Déjà Vu

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Requesting that trial judges modify their judgments or orders is not for the faint of heart. Informing a trial judge that he or she has likely goofed is not fun, but it is often necessary. Indeed, the Appellate Rules usually...more

Buchalter

Buchalter COVID-19 Client Alert: Doing Business with a Customer in Bankruptcy in the Time of COVID-19: Administrative Expense...

Buchalter on

It is no secret that business bankruptcies are surging in the wake of the COVID-19 pandemic. In fact, chapter 11 filings increased 26% in the first half of 2020, and some expect the number of cases to increase even more in...more

Robinson+Cole RLUIPA Defense

Judicial Restraint in the Time of COVID-19?

Across the nation, religious institutions are challenging COVID-19-related restrictions on religious worship.  There are too many cases to note.  We recently posted about the U.S. Supreme Court’s (SCOTUS) decision denying an...more

Seyfarth Shaw LLP

Supreme Court Weighs in on Gathering Restrictions

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The U.S. Supreme Court weighed in for the first time on a COVID-19 related issue that recently has divided federal and state courts: whether restrictions on religious gatherings during the pandemic can be constitutional. ...more

Ballard Spahr LLP

Courts Find That Governors Enjoy Broad Police Power to Limit Private Activities in a Pandemic

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Across the country, state and local governments have responded to the coronavirus by limiting in various ways normal activities that were part of everyday life before the outbreak. A battery of lawsuits in state and federal...more

Robinson+Cole RLUIPA Defense

U.S. Supreme Court Upholds California’s COVID-19 Restrictions on Religious Worship

In a 5-4 decision, the U.S. Supreme Court denied an application for injunctive relief filed by South Bay United Pentecostal Church (Church) challenging California Governor Gavin Newsom’s Stay-At-Home order and 4-stage...more

Goodwin

CFPB Files Suit Against National Bank Concerning Alleged Unauthorized Accounts

Goodwin on

On March 9, 2020, the Consumer Financial Protection Bureau (CFPB) filed a lawsuit against a national bank in the U.S. District Court for the Northern District of Illinois alleging that the bank opened unauthorized accounts...more

King & Spalding

Indiana Medicaid Suspends Work Requirements Pending Resolution of Federal Lawsuit

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On October 31, 2019, in the face of a federal lawsuit, the Indiana Family and Social Services Administration suspended its enforcement of work requirements under the state’s Medicaid waiver project, the Healthy Indiana Plan...more

Nelson Mullins Riley & Scarborough LLP

Motorists Catch Break in Decades Long Fight Following First Circuit’s Holding on Request for Relief from Automatic Stay

In In re Financial Oversight and Management Board for Puerto Rico, 2019 WL 4667518 (1st Cir. 2019), the United States Court of Appeals affirmed in part and vacated in part the Article III court’s partial denial of Plaintiffs’...more

ArentFox Schiff

CFPB Denies Bank of America’s Request to Quash Probe Into Unauthorized Consumer Account Openings

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As recently as last week, the Consumer Financial Protection Bureau has continued on its campaign of federal consumer protection and enforcement decisions. Namely, we have been sharing with our readers and constituents the...more

Eversheds Sutherland (US) LLP

Rethinking Internal Investigation Interviews Conducted Under DOJ Direction

On May 2, a federal district court judge minced no words in castigating the Government for effectively “outsourcing” its investigation into whether a bank manipulated the London Inter-Bank Offered Rate (LIBOR) to the bank...more

Stinson - Corporate & Securities Law Blog

Are SEC Gag Orders Unconstitutional? – SEC Defendant Asks Court to Lift Restrictions

The New Civil Liberties Alliance has filed a Motion for Relief from Judgment with the U.S. District Court for the Southern District of New York on behalf of Barry D. Romeril. Mr. Romeril served as the Chief Financial Officer...more

Haight Brown & Bonesteel LLP

Attorney's Erroneous Conclusion that Limitations Period Had Not Expired Was Not Grounds For Relief Under C.C.P. § 473(b)

In Jackson v. Kaiser Foundation Hospitals, Inc. (2/8/19 No. A150833), the First District Court of Appeal affirmed the trial court’s denial of a motion for relief from a voluntary dismissal, without prejudice, filed by the...more

McDermott Will & Emery

ITC Must Grant Relief Against Defaulting Respondents

Addressing an International Trade Commission (ITC) refusal to enter an exclusion order against defaulting respondents, the US Court of Appeals for the Federal Circuit reversed, holding that the ITC is required to grant relief...more

Patterson Belknap Webb & Tyler LLP

Bankruptcy Court Finds Arbitration Clause in Consumer Loan Contract to be Sufficient Cause to Grant Relief from Automatic Stay

When a bankruptcy petition is filed, an automatic stay comes into effect staying proceedings against the debtor or the debtor’s property. 11 U.S.C. § 362(a). The stay centralizes litigation regarding the debtor and its...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Request for Relief on Grounds of "New" Evidence

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Bass, Berry & Sims attorney Chris Lazarini examined a case in which plaintiffs sought relief from the court after a ruling granting defendants' motion to dismiss the plaintiffs' putative class action alleging ERISA...more

Winstead PC

Court Denies Request For Mandamus Relief Regarding Court Order Requiring Spouse of Deceased Trustee To Prepare An Accounting

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In In re Ng, after a jury found that a deceased trustee did not breach fiduciary duties, a trial court nonetheless ordered the deceased trustee’s spouse to prepare an accounting of the trust. No. 09-17-00386-CV, 2017 Tex....more

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