Creditor Strategy Update: Examination of Venue Transfer and Case Dismissal
In his Bankruptcy Practice column, John J. Rapisardi of Cadwalader, Wickersham & Taft writes: The increasing attempts of creditors to influence the outcome of a case in its earliest stages has yielded some success. In particular, the Cordillera Golf Club, Houghton Mifflin, and Santa Ysabel decisions provide creditors with a potential leverage point in future cases: a threat to move bankruptcy venue strategically to a less debtor friendly jurisdiction or to dismiss a debtor's case.The Rankings, Deconstructed and Examined
Richard D. Geiger, associate dean of enrollment and communications at Cornell Law School, writes: Whether a school openly embraces the ranking of law schools or publicly decries it while working feverishly behind the scenes to climb above its peers, no one can credibly dispute that rankings are now fully ingrained as part of law school operations and culture. What connection the criteria used in those rankings has to the sensible goal of holding law schools to high standards is another question.Push for New Police Lineup Procedures Gains Ground With Two Upstate Judges
Surrogate Permits Bequests to Personnel of Adult Home
Finding that allegations of undue influence were only "speculative," a Brooklyn surrogate has admitted to probate the will of a man who left $250,000 to each of two administrators at the assisted-living home where he spent his last years.Turning a Blind Eye: Willful Blindness as Actual Knowledge
Eugene S. Becker, principal of Becker Law, and Stephen H. Marcus, of counsel to the firm, write that the willful blindness doctrine serves as a useful weapon against fraudsters and against those who aid and abet them.Pleadings Standards in Securities Arbitrations
Barry R. Temkin, a senior trial attorney at Fiedelman Garfinkel and Lesman, writes that, because of the relaxed and informal nature of arbitration, pleadings in the SROs have not been held to the standards of litigation complaints. Rather, a clearly written expositive statement of the facts, in chronological order, is the preferred manner of pleading before the SROs.Trending Stories
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