SCOTUS Declines to Refund Bankruptcy Fees
In a 6-3 opinion issued on June 14, 2024, in Office of the United States Trustee v. John...
Southern District of Florida Affirms Trustee’s Sale of State Law Avoidance Claims
There is a split among federal courts as to whether a Chapter 7 Trustee may sell avoidance claims...
What is the pleading standard for affirmative defenses in federal court?
As discussed in in my Best Practices for Pleading Complaints post, Rule 8(a) of the Federal Rules of...
Are Electronic Signatures Valid and Binding?
Since the 2000s, the use of electronic signatures has become widespread globally and has become commonplace through secure...
3 Judgments Have Been Entered Against Trump – What Happens Now?
Judgments totaling over $500 million have been entered against former president Donald Trump (and certain other defendants in...
SCOTUS To Decide If Bump Stocks Are Machine Guns
On February 28, 2024, the Supreme Court will hear oral argument in United States v. Cargill on the...
Trump Civil Trial: Defendants Lose Bigly
In a 92-page decision and order entered on February 16, 2024, New York Supreme Court Judge Arthur F....
NY Lawyer Faces Disciple for ChatGPT Failure
In an order entered on January 30, 2023 by the U.S. Circuit Court of Appeals, the Court referred...
What is the “spoliation” of evidence?
During the second E. Jean Carroll trial, former President Donald Trump’s lead counsel, Alina Habba, twice moved for...
Making Sense of the $83 Million Defamation Verdict Against Trump
On January 26, 2024, the jury in the second lawsuit by E. Jean Carroll against former President Donald...
Debt Purchaser Sanctioned for Violating Discharge Injunction
A bankruptcy judge in the Southern District of Florida has determined that “merely selling a debt to another...
Lessons from the Carroll Damages Trial – Part 2
This is second post concerning lessons to be gleaned from the proceedings in the trial to determine the...