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What's an "OEM part"? Let the jury decide . . .
  • Frankfurt Kurnit Klein & Selz PC
  • USA
  • November 7 2018

Sometimes, it takes a jury to determine whether an advertiser made a false claim. That's what happened in Evoqua Water Technologies v. M.W. Watermark

Chapter 7 Debtors Permitted to Amend Schedules to Claim Homestead Exemption after Successful Avoidance Action by Trustee
  • Foster Swift Collins & Smith PC
  • USA
  • September 20 2018

The purpose of bankruptcy is to provide for an orderly process by which a debtor’s assets can be fairly divided and distributed among creditors. It is

"Direct Drop" Voicemail Service Subject to TCPA
  • Hudson Cook LLP
  • USA
  • August 31 2018

"Direct drop" voicemail services can deliver a prerecorded message to a consumer's voicemail without calling the consumer's phone

Case of First Impression: A One-Off or the Beginning of the End for Ringless Voicemail Technology?
  • Troutman Sanders LLP
  • USA
  • August 6 2018

In a case of first impression, the United States District Court for the Western District of Michigan held that direct-to-voicemail messages qualify as

District Court holds TCPA covers direct dropped voicemails
  • Buckley LLP
  • USA
  • July 26 2018

On July 16, the U.S. District Court for the Western District of Michigan held in a matter of first impression that direct-to-voicemail or direct-drop

Bankruptcy Court Grants Relief from Stay to Credit Union to Exercise State Law Rights Related to Setoff Against Funds in which the Debtor's Children Hold an Interest
  • Foster Swift Collins & Smith PC
  • USA
  • February 21 2018

The United States Bankruptcy Court for the Western District of Michigan recently issued an opinion in a case that involved mutual claims between the

In Case You Missed It - PACA Trust Rights in Bankruptcy are Just Plain Old Secured Claims
  • Bryan Cave Leighton Paisner (Bryan Cave)
  • USA
  • February 1 2018

Happy 2018! We at The Bankruptcy Cave have been itching to write about the Cherry Growers Chapter 11 case - which really is ground-breaking - but the

Trustee’s Avoidance of Transfer by Chapter 7 Debtors Does Not Necessarily Preclude Debtors from Claiming an Amended Exemption
  • Foster Swift Collins & Smith PC
  • USA
  • November 29 2017

The United States Bankruptcy Court for the Western District of Michigan recently issued an opinion in a bankruptcy case involving a husband and wife

The Hidden Change Order: A Claim for the “Value” of Work Performed Despite Insufficient Documentation to Validate a Change Order
  • Saul Ewing Arnstein & Lehr LLP
  • USA
  • November 10 2017

Most construction contracts (particularly AIA and ConsensusDocs agreements) include precise methods for documenting change orders for work...

The Class Action Chronicle - Fall 2017
  • Skadden Arps Slate Meagher & Flom LLP
  • USA
  • October 13 2017

This edition focuses on rulings issued between May 15, 2017, and August 15, 2017. In this issue, we cover four decisions granting motions to