Idle Threats of Bankruptcy after Ice House America, LLC
In almost every out-of-court workout situation, when the negotiations get tough and the debtor does not like the terms proposed by the creditor, it is more than common for the debtor to state: “Well...
Judge Vacates $22 Million Verdict and Orders New Trial
Jefferson Circuit Judge Jim Shake vacated jury verdicts against several banks in a major lender liability/mortgage fraud case in Louisville. The verdict, one of the largest ever in a Kentucky lender liability case, garnered significant...
New 2014 AIA A141 Design Build Documents: Throw-Back or All New?
The American Institute of Architects (AIA) issues new form documents in ten year cycles, and this June they unveiled a new version of their 2004 Design Build form contracts. Practitioners who use these documents...
Protecting the Lender: Strategies for Extending Credit to Health Care Providers
Contrary to popular belief, lending to a doctor is risky business. The business of a health care provider is specialized, and therefore requires specialized lending. Lenders cannot simply repackage loan documents used for other...
WDKY holds that service charge on delinquent account violates Kentucky Usury Law!
PSI, a debt collector, sought to collect a delinquent account from Grace, a consumer who had received medical services in the emergency room of a Louisville hospital. She failed to pay her bill, and...
Recovering Runaway Collateral (Even Across State Lines)
Stites & Harbison recently tried and won a bench trial on behalf of a creditor-client seeking to recover its dump-trailer collateral that it had financed but which landed in the hands of a third-party...
US Supreme Court Finds Computer Implemented Method and System Claims Directed to “Fundamental Economic Practice" is a Patent-Ineligible Abstract Idea
In an unanimous decision, the U.S. Supreme Court issued its opinion in Alice Corp. v. CLS Bank Int’l., finding that the patent claims at issue were invalid as being directed to patent ineligible subject...
Supreme Court rules deceptive labeling claim may proceed
The Supreme Court today resolved a dispute about misleading product labeling. The issue was whether a private party can sue a competitor on the grounds that the competitor’s beverage was misleadingly labeled, even though...