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October 24, 2024 | New York Law Journal

Vital Child Custody Appeals Rule Expanded

A cardinal rule of appeals it that the record on appeal contains only documents that were before the trial court, and counsel may not refer to matters outside the record. In fact, attorneys who report new developments at oral argument may be rebuked. However, there are exceptions to the general rule.
17 minute read
October 09, 2024 | New York Law Journal

CPLR 5501(a)(1) and the Reviewability of Final Orders on Appeal From a Final Judgment: Reconciling a Departmental Schism

A discussion of a "significant departmental split" on CPLR 5501(a)(1)'s construction which author Dean Pillarella believes is germane to practitioners and should be resolved by the Court of Appeals.
16 minute read
September 20, 2024 | Litigation Daily

Litigators of the Week: The Eighth Circuit Knocks Out a $564M Verdict Against BMO in Ponzi Case

Debevoise's John Gleeson, Mayer Brown's Richard Spehr and Elaine Goldenberg of Munger Tolles helped convince the Eighth Circuit that the bankruptcy trustee of a company run by a convicted Minnesota Ponzi schemer couldn't pursue aiding and abetting claims against the bank because the company bore responsibility for its own injury.
10 minute read
September 19, 2024 | Texas Lawyer

Gibbs & Bruns Safeguards $38M Judgment for Occidental Against Wells Fargo

A series of miscommunications between Wells Fargo and Occidental Petroleum's agent led to a delay in the sale of stock and an alleged loss of $38 million, Occidental claimed.
4 minute read
August 19, 2024 | New York Law Journal

CPLR 5704 Is a Powerful, but Poorly-Defined, Tool That Highlights Department Differences

CPLR Section 5704 ("Review of ex parte orders") provides an avenue for Appellate Division review of such a refusal to sign an order to show cause. Unfortunately, however, New York courts have yet to provide clear guidance on when such applications will or will not be granted.
8 minute read
Law Journal Press | Digital Book Lancaster County & Berks County Court Rules 2024 Authors: View this Book

View more book results for the query "Citibank, N.A."

August 15, 2024 | Law.com

The Future Viability of 105(a) Injunctions Following the Supreme Court's Decision In 'Purdue Pharma'

Until now, a successful reorganization assumed the debtor could confirm a plan with nondebtor releases and injunctions based on less than full creditor consensus. Now that nonconsensual releases in Chapter 11 plans are no longer permitted, will debtors have a more difficult time obtaining a 105(a) injunction?
12 minute read
August 13, 2024 | New York Law Journal

Demolition Clauses; FHA COVID-19 Moratorium Tolling: This Week in Scott Mollen's Realty Law Digest

Scott Mollen discusses "62-64 Third Ave LP v. Elvis Café," and "Trento 67 v. OneWest Bank."
18 minute read
August 06, 2024 | New York Law Journal

Departmental Schism Re Post-Judgment Reviewability of Sua Sponte Orders Continues

"The statute and 'Sholes' impose an onerous time-consuming process upon the aggrieved party who may be in need of immediate relief from a sua sponte order," writes Elliott Scheinberg.
8 minute read
July 31, 2024 | New York Law Journal

The Odonata Case: Trusts, Escrows and Property of the Estate (or Not) Part II

To avoid property held in "escrow" from becoming part of the bankruptcy estate of a depositor, creditors must be aware of state law governing the creation of escrow accounts and pay attention to the logistics of such accounts to ensure they conform with such law.
9 minute read
July 26, 2024 | Connecticut Law Tribune

Fraudsters Impersonate Law Firm to Steal $300K in Settlement Funds

Scammers allegedly sent a "spoofed" email, masquerading as the law firm.
3 minute read

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