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Modified Chapter 11 Plan Required Re-Solicitation and Re-Voting

USA - January 30 2023 A modification of a Chapter 11 bankruptcy plan on the eve of the hearing on confirmation of that plan requires re-solicitation of votes and re-voting…

You have one new message: FCC finds ringless voicemails are subject to the TCPA

USA - December 13 2022 In a unanimous Declaratory Ruling and Order (Order) issued on November 21, 2022, the Federal Communications Commission (FCC) found that a "ringless…

Amy R. Albanese, Wilson G. Barmeyer, Samantha N. Darnell, Valerie S. Sanders

No Class-Action Tolling for Chiquita Terrorism Plaintiffs

USA - September 15 2022 The court was presented with a set of exotic facts in Garcia v. Chiquita Brands International, 2022 U.S. App. LEXIS 25192 (11th Cir. Sept. 8, 2022)…

Settlement Class Defined to Include Uninjured Members Cannot Be Approved

USA - August 18 2022 An appeal concerning the meaning of coupon settlements under the Class Action Fairness Act instead produced an important opinion, Drazen v. Pinto…

Receiver for Entity Involved in Fraud Lacked Standing to Bring Aiding and Abetting Claims against Bank

USA - August 5 2022 A divided Eleventh Circuit panel held in Perlman v. PNC Bank, N.A., 38 F.4th 899 (11th Cir. June 27, 2022), that a court-appointed receiver lacked…