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Benson v. JPMorgan Chase Bank, N.A.

Citation:
No. 10-17402, DC No. 3:09-cv-05272-MEJ & No. 10-17404, DC No. 3:09-cv-05560-MEJ (heard jointly)
Ruling:
The Ninth Circuit Court of Appeals held that plaintiffs’ conclusory allegations regarding JPMorgan fell short of stating a claim for relief that is free from the Financial Institutions Reform,...
Judge(s):
LUCERO*, CALLAHAN, SMITH
Tag(s):

The American Cancer Society v. Cook

  • Summarized by Paul Stewart , Stewart Robbins Brown & Altazan
  • 14 years 2 months ago
Citation:
Fifth Circuit Court of Appeals, Docket no. 10-10989
Ruling:
"Not all securities frauds are Ponzi Schemes." Receiver moved for turnover against charity that received $240,000 from companies prior to receivership, primarily arguing under the Texas Uniform...
Judge(s):
Before JONES, Chief Judge, and HIGGINBOTHAM and SOUTHWICK, Circuit Judges.
Tag(s):

Stokes & Spiehler Onshore, Inc. v. Ogle (In re Wave Energy, Inc.)

  • Summarized by Colin Robinson , Pachulski Stang Ziehl & Jones LLP
  • 14 years 2 months ago
Citation:
No. 11-20777 (5th Cir. March 20, 2012)
Ruling:
An affidavit filed in support of a claimant's lien against mineral property did not indicate it was sworn in the presence of the affiant. The failure to provide a properly sworn affidavit in...
Judge(s):
Reavley, Smith and Prado (per curiam)
Tag(s):

MC Asset Recovery LLC v. Commerzbank A.G., et. al (In re Mirant Corp.)

  • Summarized by Steven Holmes , Cavazos Hendricks Poirot, PC
  • 14 years 2 months ago
Citation:
Case No. 11-10070 (5th Cir. March 20, 2012).
Ruling:
Plaintiff had standing to avoid the debtor’s guaranty obligations pursuant to 11 U.S.C. § 544(b) and the laws of the State of New York. The decision was driven by the Fifth Circuit’s...
Judge(s):
Benavides and Prado, Circuit Judges, and Alvarez, District Judge, sitting by designation.
Tag(s):

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