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Professional Commentary
18 Jul 2015
by David Christensen of Christensen Law

JURIST Guest Columnist David Christensen of Christensen Law discusses the benefits of Michigan's No-Fault Insurance Act and the need to protect it... Michigan has the most comprehensive no-fault auto insurance laws in the nation, but a series of no-fault reform bills have threatened the law this legislative session. The efforts … [read more]


Legal News
16 Jun 2015
by Valerie Howell

[JURIST] The US Court of Federal Claims [official website] ruled [opinion, PDF] Monday that the Federal Reserve [official website] bailout of AIG [corporate website] in 2008 exceeded its authority but did not award any damages. The suit was brought by former AIG CEO Maurice Greenberg and claimed that the Federal … [read more]


Legal News
1 Jun 2015
by Jaclyn Belczyk

The US Supreme Court [official website] ruled [opinion, PDF] Monday in Bank of America, N.A. v. Caulkett [SCOTUSblog materials] that a debtor in a Chapter 7 bankruptcy proceeding may not void a junior mortgage lien under §506(d) when the debt owed on a senior mortgage lien exceeds the current value … [read more]


Legal News
18 May 2015
by Jaclyn Belczyk

The US Supreme Court [official website] ruled [opinion, PDF] unanimously Monday in Harris v. Viegelahn [SCOTUSblog materials] that a debtor who converts to Chapter 7 is entitled to return of any postpetition wages not yet distributed by the Chapter 13 trustee. Petitioner Charles Harris, after filing a voluntary petition for … [read more]


Student Commentary
1 May 2015
by Harrison Thorne of UCLA School of Law

JURIST Guest Columnist Harrison Thorne of UCLA School of Law discusses the role of bankruptcy courts in equity... Bankruptcy law, embodied in Title 11 of the United States Code (also known as "the Bankruptcy Code"), strives to balance the rights of creditors to receive payment for what they are owed … [read more]


Legal News
1 Apr 2015
by Taylor Gillan

[JURIST] The US Supreme Court [official website] heard oral arguments Wednesday in two bankruptcy cases. In Harris v. Viegelahn [transcript, PDF] the court must decide "whether, when a debtor in good faith converts a bankruptcy case to Chapter 7 after confirmation of a Chapter 13 plan, undistributed funds held by … [read more]


Legal News
25 Mar 2015
by Bradley McAllister

[JURIST] The US Supreme Court [official website] heard oral argument [transcript, PDF] on Tuesday in a pair of consolidated cases involving a dispute over federal bankruptcy laws brought by Bank of America (BOA). The cases, Bank of America, NA v. Caulkett and Bank of America, NA v. Toledo-Cardona [SCOTUSblog dockets], … [read more]


Legal News
23 Mar 2015
by Alison Sacriponte

[JURIST] A judge for the US District Court for the Southern District of New York [official website] gave final approval Friday to a $970.5 million settlement for shareholders of the insurance giant American International Group (AIG) to settle claims [NYT documents] that shareholders were misled about the subprime mortgage exposure … [read more]


Legal News
14 Mar 2015
by William Helbling

[JURIST] The US Department of Justice (DOJ) [official website] on Thursday criticized the US Sentencing Commission [official website] after a federal panel introduced a proposal which would reduce prison time for white-collar criminals. The DOJ objected to the panel's ideas to reduce prison sentences for various fraud-related crimes. Reports indicate … [read more]


Legal News
9 Mar 2015
by Peter Snyder

[JURIST] The US Supreme Court [official website] ruled [decision, PDF] Monday in Perez v. Mortgage Bankers Association [SCOTUSblog backgrounder] that under the Administrative Procedure Act (APA) [text, PDF] federal agencies are exempt from notice-and-comment requirements when amending or repealing interpretive rules. In 2006 the Department of Labor's Wage and Hour … [read more]


Legal News
3 Feb 2015
by Addison Morris

[JURIST] The US Department of Justice (DOJ) [official website] announced [press release] Tuesday that, after two years of litigation, Standard & Poor's (S&P) [corporate website] on Monday reached an agreement [settlement agreement, PDF] to settle a series of lawsuits [DOJ backgrounder, PDF] for $1.375 billion. The lawsuits accuse the credit … [read more]


Legal News
13 Jan 2015
by Addison Morris

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Tuesday in Jesinoski v. Countrywide Home Loans, Inc. [docket], determining the requirements of the Truth in Lending Act [15 USC § 1635]. The court determined that a borrower may exercise his right to rescind by providing the lender with written … [read more]


Legal News
2 Dec 2014
by Dominic Yobbi

[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] in two cases on Monday. In Elonis v. United States [transcript, PDF] the court considered whether a conviction of threatening another person over interstate lines under 18 USC § 875(c) [text] requires proof that the defendant maintained … [read more]


Legal News
17 Nov 2014
by Peter Snyder

[JURIST] The US Supreme Court [official website] on Monday granted certiorari [order list, PDF] in two bankruptcy cases on appeal from the US Court of Appeals for the Eleventh Circuit [official website], consolidating them for one hour of oral argument. The two cases, Bank of America, NA v. Caulkett and … [read more]


Legal News
8 Nov 2014
by Kimberly Bennett

[JURIST] US President Barack Obama [official website] formally nominated [video] Loretta Lynch on Saturday to serve as the next attorney general. Obama urged the US Senate [official website] to confirm her nomination quickly, though it is unclear whether Congress would confirm her nomination during its current session or wait until … [read more]


Legal News
4 Nov 2014
by Jaclyn Belczyk

[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] in two cases Tuesday. In Department of Homeland Security v. MacLean [transcript, PDF; JURIST report] the court heard arguments on whether the code of Prohibited Personnel Practices [5 USC § 2302(b)(8)(A)] can bar an agency from taking … [read more]


Legal News
10 Oct 2014
by Brittany Felder

[JURIST] The US Court of Appeals for the Second Circuit [official website] on Thursday revived [order, PDF] a whistleblower's lawsuit against JPMorgan Chase & Co. [corporate website]. In a unanimous decision, the court vacated and remanded a lower court's grant of summary judgment [order, PDF] to JPMorgan, which had effectively … [read more]


Legal News
26 Sep 2014
by Julie Deisher-Edwards

[JURIST] US Attorney General Eric Holder [official website] announced his resignation [press release] from the Department of Justice (DOJ) [official website] on Thursday. Holder, appointed in February 2009, was the first African-American to hold the position of Attorney General in the US and has had one of the longest terms … [read more]


Legal News
26 Aug 2014
by Ann Schober

[JURIST] The district court in Fukushima, Japan, ruled Tuesday that a woman's family may be compensated for her death after determining that her depression and suicide were caused by the March 2011 nuclear meltdown [IAEA backgrounder] of a nearby power plant. The family of chicken farmers lived in their mortgaged … [read more]


Legal News
21 Aug 2014
by William Hibbitts

[JURIST] The US Department of Justice (DOJ) [official website] on Thursday announced a $16.65 billion settlement [press release] with Bank of America (BOA) [corporate website] to settle claims that it sold precarious mortgage-backed securities to investors. Of the $16.65 billion, $9.65 billion will be split among federal and state entities … [read more]

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