Case Summaries
Corporation & Enterprise Law
[02/01]
Account Servs. Corp. v. US
In a corporation's appeal from the district court's order holding it in contempt for failing to comply with a subpoena for corporate records, the order is affirmed where a corporation with a sole shareholder, officer, and employee may not refuse to comply with a subpoena demanding production of corporate records under the Fifth Amendment's "act of production" privilege.
[01/26]
In re: Baldwin
In bankruptcy adversary proceedings by the trustee seeking to dissolve a family limited partnership in which debtor owned a 99% limited partnership interest at the time the bankruptcy proceeding commenced, the bankruptcy appellate panel's order prohibiting the trustee from dissolving the partnership is affirmed where the bankruptcy court clearly erred in finding the partnership could no longer carry on its business in conformity with the partnership agreement. Moreover, the bankruptcy court's order permitting the trustee to withdraw from the partnership is affirmed where the agreement entitled the limited partner to withdraw by making a buy/sell offer.
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Commercial Law
[02/05]
Sharabianlou v. Karp
In plaintiff's action seeking rescission of a commercial real estate transaction and tort damages, the portion of the trial court's judgment awarding damages to the original property owners is reversed as the trial court's award goes well beyond the types of damages permitted.
[12/11]
Metro Allied Ins. Agency, Inc. v. Lin
In plaintiff's action against an insurance company for negligence and a violation of the Deceptive Trade Practices Act (DTPA) for failure to procure a commercial general liability (CGL) policy, the judgment of the court of appeals in favor of the plaintiff is reversed and remanded is the causation standard for a claimed failure to procure insurance under a negligence theory and under the DTPA requires proof of the availability of some insurance that would have covered the plaintiff's damages.
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Bankruptcy Law
[02/08]
Robinson v. Tyson Foods, Inc.
In an employment discrimination action brought by plaintiff during the pendency of her Chapter 13 proceedings, summary judgment for defendant on the ground of judicial estoppel is affirmed where plaintiff failed to disclose her employment discrimination suit to the bankruptcy court, and thus took inconsistent positions under oath with the intent of misleading the court.
[01/26]
In re: Baldwin
In bankruptcy adversary proceedings by the trustee seeking to dissolve a family limited partnership in which debtor owned a 99% limited partnership interest at the time the bankruptcy proceeding commenced, the bankruptcy appellate panel's order prohibiting the trustee from dissolving the partnership is affirmed where the bankruptcy court clearly erred in finding the partnership could no longer carry on its business in conformity with the partnership agreement. Moreover, the bankruptcy court's order permitting the trustee to withdraw from the partnership is affirmed where the agreement entitled the limited partner to withdraw by making a buy/sell offer.
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Banking Law
[02/05]
Weintraub v. Quicken Loans, Inc.
In plaintiffs' action under the Truth in Lending Act against defendant for refusing to refund a $500 deposit plaintiffs' demanded after they attempted to exercise their right to rescind prior to closing on a loan to refinance their house, summary judgment for defendant is affirmed as a consumer cannot exercise the right to rescind created by 15 U.S.C. section 1635(a) until after consummation of a consumer credit transaction.
[01/28]
Midwest Title Loans, Inc. v. Mills
In a title loan company's suit under 42 U.S.C. section 1983 to enjoin, as a violation of the Commerce Clause, the application to plaintiff of Indiana's version of the Uniform Consumer Credit Code, district court's entry of permanent injunction is affirmed as the fact that the contract is made and executed in Illinois is enough to show that the territorial-application provision violates the commerce clause.
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