In the last few years, several recent cases have discussed the subrogation rights of insurers in the context of environmental clean-up cost claims under CERCLA. We gave a primer on subrogation and then discussed these CERCLA cases in our most recent Corporate Law Insurance Column in the New York Law Journal.
The growing implications of the Supreme Court’s 6-3 Dental Examiners decision for state bar organizations are slowly being teased out of its February 25 decision. Although arising from circumstances specific to a state Board of Dental Examiners, the opinion is being touted as a harbinger of major changes for state bar associations.
A recent decision of the United States Bankruptcy Court for the Northern District of Iowa serves as a reminder that banks should proceed with caution when relaxing bank procedures to appease large account holders. In the bankruptcy case Sarachek v. Luana Savings Bank (In re Agriprocessors, Inc.), the court ordered a bank to disgorge over $1.5 million for allowing repeated account overdrafts, which the chapter 7 bankruptcy trustee successfully argued were essentially short-term loans made to the debtor by the bank prior to the bankruptcy filing.
Deemed the French Patriot Act by opponents and defended by the Prime Minister as a defense against terrorism, international crime and economic espionage, this bill defines the mission of specialized intelligence services and the conditions under which these services are authorized for the collection of information relating to the national interest.
[See Addendum] Circuit Judge Moore concluded: “We have yet to be presented with any substantial government interests that would justify the PTO’s refusal to register disparaging marks.” In sum, Moore’s further comments are the prolegomena to a major First Amendment discussion, consisting of many swirling threads of constitutional law which the parties will have to address in the future en banc hearing.