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TALON DIVERSIFIED HOLDINGS INC., ET AL. V FORSYTHE

Summarizing by Paris Gyparakis

Carbo v. Board of Tax Assessors

Summarizing by Danielle Scott

NAI HORIZON V. AMADEUS THERAPY, INC.

Summarizing by David Treacy

SunTrust Bank, N.A. v. Macky (In re McCormick)

Citation:
SunTrust Bank, N.A. v. Macky (In re McCormick), No. 10-2027, --- F.3d ----, 2012 WL 414667 (4th Cir. Feb. 10, 2012).
Ruling:
The same notice imputed to a bona fide purchaser is that which is enjoyed by a trustee pursuant to 11 U.S.C. § 544(a)(3), thus permitting the trustee under applicable North Carolina law to rely...
Judge(s):
Hon. Paul V. Niemeyer, Hon. G. Steven Agee, and Hon. James A. Wynn, Jr.
Tag(s):

Ruby Robinson Co., Inc. v. Herr

Citation:
Fifth Circuit Court of Appeals, Docket no. 10-20788 (This opinion is unpublished and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.)
Ruling:
In this unpublished opinion, the Fifth Circuit rules that the shareholder of a company engaged in the purchase of perishable agricultural commodities may not avoid liability under general trust...
Judge(s):
Before HIGGINBOTHAM, DAVIS, and STEWART, Circuit Judges. PER CURIAM
Tag(s):

In re Fort Wayne Telsat, Inc.

Citation:
No. 11-2112
Ruling:
Judge Posner, writing for the court, held for the trustee. The court found that the trustee had done due diligence in reaching a settlement of $100,000 with Indiana University because the...
Judge(s):
Richard Posner, William Bauer, Diane Wood.
Tag(s):

Wachovia Bank v. VCG Special Opportunities Master Fund, Ltd.

Citation:
Wachovia Bank v. VCG Special Opportunities Master Fund, Ltd., --- F.3d ----, 2011 WL 5110122 (2d Cir. Oct. 28, 2011)
Ruling:
A hedge fund that entered into a credit default swap agreement with a bank affiliated with a capital markets servicer was not a customer of the servicer within the meaning of FINRA rules, such that...
Judge(s):
Circuit Judges Kearse, Pooler, and Lynch
Tag(s):

Standard Bank, PLC v. Runge, Inc.

Citation:
Case No. 1:07-CV-01989-RPM (10th Cir. Oct. 6, 2011) (Unpublished/not binding precedent)
Ruling:
The Court affirmed the district court's ruling that the economic loss rule barred the plaintiff's claims for negligent misrepresentation and professional negligence. In applying Colorado law,...
Judge(s):
Terrence L. O'Brien, Mary Beck Briscoe, William J. Holloway
Tag(s):

Lange v. Inova Capital Funding, LLC (In re Qualia Clinical Service, Inc.)

Citation:
No 11-1201
Ruling:
Eighth Circuit held that the affirmative defense of 547(c)(5) is unavailable to creditors not holding a perfected security interest at the onset of the preference period. The court explained that...
Judge(s):
Colloton, Clevenger, and Benton
Tag(s):

Jacks v. Wells Fargo Bank, N.A. (In re Jacks)

Citation:
Jacks v. Wells Fargo Bank, N.A. (In re Jacks), No. 09-16146 (11th Cir. June 7, 2011)
Ruling:
The Eleventh Circuit affirmed entry of summary judgment in favor of Wells Fargo finding that (1) the mere recordation internally by Wells Fargo of post-petition attorneys fees incurred in filing a...
Judge(s):
MARTIN, COX and BLACK
Tag(s):

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