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Kawasaki Heavy Industries, Ltd. v. Bombardier Recreational Products, Inc.

  • Summarized by James Morgan , Howard & Howard Attorneys PLLC
  • 14 years 8 months ago
Citation:
Case No. 11-2120 (7th Cir. 2011)
Ruling:
The Seventh Circuit reversed the District Court’s holding regarding Appellants/Defendants’ waiver of arbitration, holding that Appellants had (i) acted consistently with an intent to arbitrate...
Judge(s):
Flaum, Manion, and Sykes, Circuit Judges for the Seventh Circuit
Tag(s):

Sampson v. Washington Mutual Bank

  • Summarized by Victoria Kothari , Latham, Shuker, Eden & Beaudine, LLP
  • 14 years 8 months ago
Citation:
Sampson v. Washington Mutual Bank, No.11-11400 (11th Cir. October 5, 2011)
Ruling:
The Eleventh Circuit affirmed district court's dismissal of Sampson's complaint. In its analysis, the Eleventh Circuit found that the district court had erred in granting dismissal under FRCP...
Judge(s):
Edmondson, Carnes & Kravitch
Tag(s):

Smith v. HD Smith Wholesale Drug Co. (In re McCombs)

  • Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
  • 14 years 8 months ago
Citation:
In re McCombs, --- F.3d ----, 2011 WL 4553052 (5th Cir. Oct. 4, 2011)
Ruling:
The Fifth Circuit Court of Appeals (the "Circuit Court") ruled that: (1) pursuant to state law, the judgment creditor (H.D. Smith Wholesale Drug Co.) lacked an enforceable lien against the debtor's...
Judge(s):
Owen, Haynes
Tag(s):

Sandburg Financial Corp. v. American Rice, Inc. (In re American Rice, Inc.)

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan
  • 14 years 8 months ago
Citation:
Case No. 11-40301 (5th. Cir. September 22, 2011
Ruling:
Under 11 U.S.C. § 524(c), an agreement based “in whole or in part” on a dischargeable obligation is unenforceable unless the parties comply with the requirements set forth in § 524(c)(1)-(6)....
Judge(s):
Judges King, Smith and Graves
Tag(s):

Roberg v. Franchi (In re Franchi)

  • Summarized by John Jones , N/a
  • 14 years 9 months ago
Citation:
No. 11-30088 (5th Cir. 2011) (Unpublished Opinion)
Ruling:
Affirmed. Court held non-execution agreement was ambiguous and a party should not be allowed to take advantage of a condition of their own creation to claim an agreement has been breached and...
Judge(s):
Garza, Southwick and Haynes
Tag(s):

City Sanitation, LLC v. Allied Waste Services of Massachusetts, LLC (In re American Cartage, Inc.)

Citation:
(No. 10-2284), 2011 WL 3831891 (1st Cir. Aug. 31, 2011)
Ruling:
(1) Where "commercial tort claims" were not included in grant of security interest, subsequently arising claims for conversion, breach of fiduciary duty, and related torts allegedly committed...
Judge(s):
Selya (author), Howard and Thompson
Tag(s):

In re Richard Louis Alexander

  • Summarized by Nicholas Miller , McDonald Hopkins LLC
  • 14 years 10 months ago
Citation:
Nos. 11-1797 & 11-1798
Ruling:
Affirming the judgments of the district court and the bankruptcy court below, the Seventh Circuit held that a secured creditor's failure to file a proof of claim pursuant to Bankruptcy
Judge(s):
Easterbrook, Coffey, Manion
Tag(s):

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