Rochelle's Daily Wire

ABI Exclusive

February 20, 2019

Although the parties were sophisticated, New York judge finds that a liquidated damages clause was actually an unenforceable penalty.
Although the parties were sophisticated, New York judge finds that a liquidated damages clause was actually an unenforceable penalty.

February 7, 2019

Student’s entitlement to a refund determines whether a parent’s tuition payments are constructively fraudulent transfers.

January 31, 2019

‘Old’ GM lenders lose again while attempting to avoid the consequences of a $1.5 billion mistake.
‘Old’ GM lenders lose again while attempting to avoid the consequences of a $1.5 billion mistake.

January 24, 2019

Withdrawing a proof of claim will not divest the bankruptcy court of jurisdiction to try an avoidance action without a jury, Judge Bernstein says.
Withdrawing a proof of claim will not divest the bankruptcy court of jurisdiction to try an avoidance action without a jury, Judge Bernstein says.

January 17, 2019

Second Circuit interprets PACA to preclude setting off debts and credits from the sale of perishable agricultural commodities.
Second Circuit interprets PACA to preclude setting off debts and credits from the sale of perishable agricultural commodities.

January 9, 2019

New York court delves into issues covered by the Fifth Circuit in Hawk and DeBerry.