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Litigation and Alternative Dispute Resolution

Directors' Liability for Costs of Litigation When the Company is the Defendant

Contact: Adam Knee; Clarkslegal LLP (Reading, England)

The recent case of Axel Threlfall –v- ECD Insight Limited and Another has opened the door to claims that directors may be responsible for paying Costs Orders of litigation that would more commonly be met by the company. The facts in the case are quite unusual and are therefore worth reciting...


Seventh Circuit Tells Debtor Who Attempted to Evade Creditor by Transferring Assets to New Entity After Collection Lawsuit was Filed to Heed the Old Adage: “When You’re in a Hole, Stop Digging”

Every so often, a debtor tries to evade creditors simply by transferring assets to another entity owned or controlled by the same principals. The Seventh Circuit, applying Illinois law, recently handed down an opinion dealing with this exact scenario in the case of Centerpoint Energy Services, Inc. v. Halim, Nos. 13–1797, 13–1807, (7th Circuit, February 18, 2014). The defendant debtor and its principals owned numerous rental properties in the Chicago area and contracted with plaintiff, a natural gas supplier, to buy natural gas for those properties. Defendant stopped paying plaintiff and racked up $1.2 million in unpaid gas bills...

Compliance with FARs Provides Defense to Claim of Negligence Against Aircraft Manufacturer

Contact: Gard Davis; Spencer Fane Britt & Browne LLP (Missouri, USA)

A February decision by a federal court in Washington State found that federal regulation of aviation safety has “occupied the field” with respect to aircraft design and testing. In McIntosh v. Cub Crafters, Inc., the court considered wrongful death claims following the crash of a light aircraft during a sales demonstration flight...


Innovations Brought to the Preliminary Injunction by the Code of Civil Procedure

Contact:  Att. Alper UzunErdem & Erdem (Turkey)

Introduction

As is known, a preliminary injunction is a provisional legal protection, aimed at the prevention of damages to a party in a dispute prior to the final determination of the merits of the legal case. The Code of Civil Procedure (“CCP”) No. 6100, which entered into force on 1st of October 2011, provides innovations to the preliminary injunction...


Manufacturer's Corner: The Unenumerated Implied Warranties

Contact: Ryan Hardy; Spencer Fane Britt & Browne LLP (Missouri, USA)

This post continues our series on implied warranties under the Uniform Commercial Code (“UCC”). In our last installment, we discussed the most-litigated implied warranty, the warranty of merchantability. Here, we go to the other extreme and discuss the least-litigated – and often forgotten – implied warranties: those that aren’t actually enumerated in the UCC.[1]


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