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Supreme Court

Supreme Court to consider IRS’s claim on pre-bankruptcy tax payments

When someone makes a payment to a creditor shortly before filing for bankruptcy, the Bankruptcy Code requires the creditor to return the funds. But whether those same obligations apply to the Internal Revenue Service is less clear. On Monday, the justices will consider whether the IRS is protected by sovereign immuinity from the requirement to return funds from insolvent debtors that private creditors face.

The case, United States v. Miller, involves Section 544(b) of the Bankruptcy Code, which … Read the rest

Supreme Court

Texas man on death row presses claim of attorney abandonment

The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

Individuals held in state prison can challenge their convictions in federal court through a device known as a petition for a writ of habeas corpus. But under the Antiterrorism and Effective Death Penalty Act of 1996, known as AEDPA, they generally only have one opportunity to do so. This week, … Read the rest

Civil Law

Del. Supreme Court: Fraudulent Transfer Claim Not a “Securities Claim”

Public company D&O insurance policies provide entity coverage (that is, insurance for the benefit of the insured organization) only for “Securities Claims.” But what is a “Securities Claim”? That is the question that Delaware’s courts have grappled with in a long-running dispute between the telecommunications company Verizon and its insurers.

The Delaware Superior Court had held in the ongoing dispute that a litigation trustee’s state law fraudulent transfer claims against Verizon were derivative claims and therefore qualified as a Securities … Read the rest

Civil Law

Can a Divorced Daughter Claim Maintenance from her Family Members under Hindu Adoption and Maintenance Act, 1956?

Litigation centred around ‘maintenance’ remains an abrasive subject for litigants. For the courts, it is usually a mixed question of law and facts. However, at times, the issues involve an exercise in statutory interpretation. Recently, the Hon’ble Delhi High Court[1] ruled that a ‘divorced daughter’ cannot claim maintenance from her brother or her mother. The rationale being that a divorced daughter does not qualify as a ‘Dependent’ under Section 21 of the Hindu Adoption and Maintenance Act, 1956 (“HAMA” or … Read the rest

Civil Law

Consumer Expectations Test Cannot Save Design Defect Claim from Preemption

When we see a court dismiss a pharma product liability case on preemption grounds, we simply have to write about it. Otherwise, we’d be required to turn in our bar card, our defense hack card, and our friendly neighborhood DDL blogger card.

In Polson v. AstraZeneca Ltd. Partnership, 2023 WL 2770687 (D.Conn. April 4, 2023), the plaintiff had taken medicine to address constipation caused by opioid pain treatments. She alleged that the anti-constipation medicine caused her to suffer life threatening … Read the rest

Civil Law

Res Judicata Bars Second Suit in E.D. La., Notwithstanding “New” Claim

Today we ponder “do-overs,” a timely topic as the House of Representatives struggles, over and over, to elect a speaker. As we write, the seventh unsuccessful vote has just concluded. We have learned that the record stands at 22 votes before the beleaguered candidate finally prevailed. This was in 1820, as John W. Taylor, an outspoken abolitionist, ran against a pro-slavery opponent for the seat vacated by Henry Clay, who resigned after shepherding the Missouri Compromise to victory. All kinds … Read the rest

Supreme Court

Court will assess double-jeopardy claim with implications for tribal sovereignty

Crimes against indigenous women are the subject of increasing public concern and awareness. Government officials – tribal, federal, and state – have established initiatives to address the disturbingly disproportionate rates of violent crimes perpetrated against indigenous women. The tools these governments have at their disposal are often limited by a criminal justice system and jurisdictional framework in Indian Country that is complex and historically unresponsive to the needs of Indian people. Because federal statutes and court decisions have limited … Read the rest