There were no Sub V opinions in August that I could find, so I’ll pick-up with the September opinions. And by now, you know the drill: I’ll provide, in a single post, short summaries of each month’s notable Subchapter V
Bankruptcy
Car Dealership’s Cyber Liability Policy Does Not Cover Losses Arising From Vehicle Sales Utilizing Identity Theft
A Louisiana car dealership’s Cyber Liability policy does not cover contractual reimbursements owed to a lender by that dealership following a “touchless” online vehicle purchase utilizing identity theft. During the pandemic, the dealership created a “touchless” process whereby an online…
Revisiting the Chicago Cubs’ Bankruptcy
Plan Proponent has been on an unplanned, one month hiatus due to competing client demands. But today I get a break, as I’m hanging out in Chicago this weekend with my best friend who retired at 46 and travels around…
Clarifying Contra Non Valentem: The Fifth Circuit Weighs in on Latent-Injury Cases
Most litigants in Louisiana know that the usual tort claim has a prescriptive period (i.e., statute of limitation) of one year. This one-year clock begins ticking from the day injury or damage is sustained.[1]
But when exactly someone sustains…
EPA, Corps Release New WOTUS Rule After Sackett, but More Regulatory Uncertainty for Louisiana and Texas Until Litigation is Resolved
The recent U.S. Supreme Court decision in Sackett v. EPA significantly narrows the definition of “waters of the United States” (“WOTUS”) as applicable to wetlands and other adjacent bodies of water under the Clean Water Act (“CWA”). By extension, Sackett…
What is a Zombie Mortgage and How Can That Affect Bankruptcy?
Imagine waking up one day to find out that you’re still financially responsible for a property you thought you had left behind years ago. This nightmare scenario is all too real for many homeowners who have fallen victim to a…
SEC Cybersecurity Reporting Requirements for Publicly Traded Companies Now in Effect
The digitization of our economy has streamlined company operations but has brought with it persistent, ongoing cyberattacks. Successful attacks disrupt business operations, are costly to remediate, and can compromise confidential and personal information—including client and employee information. These compromises can…
Louisiana Supreme Court Clarifies the Open and Obvious Defense in Farrell v. Circle K. Stores, Inc., et al.
For decades, the Louisiana Supreme Court has grappled with the “open and obvious” liability defense, making several attempts to determine its proper use within Louisiana’s duty-risk negligence analysis. The latest of these cases is Farrell v. Circle K Stores, Inc.…
Louisiana Supreme Court Clarifies the Open and Obvious Defense in Farrell v. Circle K. Stores, Inc., et al.
For decades, the Louisiana Supreme Court has grappled with the “open and obvious” liability defense, making several attempts to determine its proper use within Louisiana’s duty-risk negligence analysis. The latest of these cases is Farrell v. Circle K Stores, Inc.…
The Post-Siegel Fallout Continues: The Supreme Court Has Accepted Certiorari to Determine Whether a Refund of Overpayments Made by Chapter 11 Debtors in Accordance with the Unconstitutional Fee Hike Under the United States Trustee Program is an Appropriate Remedy
On Friday September 28, 2023, the U.S. Supreme Court agreed to review the United States Trustee’s appeal from the Tenth Circuit Court of Appeal’s holding that the Office of the United States Trustee should refund overpayments made by chapter 11…