Legal Issues — Litigation
Seventh Circuit Affirms Use of a Powerful Tool for Judgment Creditors in ‘Rare’ Cases
Seizing Passports
When defendants Pethinaidu and Parameswari Veluchamy defaulted on their obligations to Bank of America in June 2009, the bank sued in federal district court for breach of contract, obtained judgment against the defendants 18 months later and began aggressively pursuing post-judgment enforcement remedies. What follows is a rare case eventually upheld in the Seventh Circuit Court of Appeals.
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Issues With Proving Up Damages From Computer Records
In the following article, Andrew Alper looks back to 2005, the case In re Vinhnee and the issues with the provision of foundational evidence required by the court with regard to the introduction of computer records. As he shares from his own experience, when relying on the Vinhnee case, the court can get hung up on the matter of a witness’ ability to “import an aura of verisimilitude.” And that can be confounding.
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Discovery Duties in e-Stored Information
8.5 Million Reasons to Learn the Lessons of Qualcomm v. Broadcom
Not sure about your discovery duties when using e-stored information? The Qualcomm case illustrates that applying these general discovery duties in practice may not be as easy as the familiar general “due diligence” requirement suggests. While the ink is drying on the Qualcomm decision, it may be a good time for companies and their counsel to reassess their own case management and discovery procedures in light of the lessons learned.
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eDiscovery for Careful Lenders
Prepare Today for Litigation Tomorrow
Ask not for whom the clarion bells ring. If you’re a careful lender or lessor, they ring for thee. Careful lenders need to know what is “new” about eDiscovery and why it is important to prepare for it now, even for a lawsuit that has not yet been filed. Chapman and Cutler’s Jeffrey Close takes a closer look at the requirements needed for a well-prepared ESI inventory.
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Get Ready to Rumble
The Fight Between Good Faith Assignees & Trusting Lessees Rages On
Bad facts sometimes make for bad law. In recent litigation against assignees of leases, this has clearly been the case. This article discusses the recent California case of Wells Fargo Bank Minnesota, N.A. v. B.C.B.U. to illustrate how confusion can occur with parties from two different states following two different articles in the Commercial Code, and how courts deal with the conflicting Article 9 and Article 2A.
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