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November 04, 2008 |

Contractual Forbearance From Starting a Divorce Action

Elliott Scheinberg, a solo practitioner in New York City, writes: An extremely rare question of law has appeared twice on the radar screen within the last nine months, both times striking contractual forbearance from commencing a divorce action beyond the minimum statutory period as unconscionable. I have not found any direct precedent authority in support of this proposition nor does either decision cite any. In fact, the contrary is supported by no less authority than the U.S. Supreme Court and New York's Court of Appeals. Does this unlikely coincidental collision of cases augur an incipient epidemic?
13 minute read
King County v. IKB Deutsche Industriebank AG, 09 Civ. 8387 (SAS)
Publication Date: 2010-11-04
Practice Area: Business Law
Industry:
Court: U.S. District Court, Southern District
Judge: District Judge Shira A. Scheindlin
Attorneys:
For plaintiff: For Plaintiffs King County, Washington and Iowa Student Loan Liquidity Corporation: Anne L. Box, Esq., Patrick J. Coughlin, Esq., Daniel S. Drosman, Esq., Nathan R. Lindell, Esq., Jessica T. Shinnefield, Esq., David C. Walton, Esq., Darryl J. Alvarado, Esq., X Jay Alvarez, Esq., Christina A. Royce, Esq., Robbins Geller Rudman & Dowd LLP, San Diego, California Samuel H. Rudman, Esq., David A. Rosenfeld, Esq., Robert M. Rothman, Esq., Jarrett S. Charo, Esq., Robbins Geller Rudman & Dowd LLP, Melville, New York Luke O. Brooks, Esq., Jason C. Davis, Esq., Robbins Geller Rudman & Dowd LLP, San Francisco, California
For defendant: For Defendants Morgan Stanley & Co., Inc. and Morgan Stanley & Co. International Limited: Antonio Jorge Perez-Marques, Esq., Davis Polk & Wardwell L.L.P., New York, NY James P. Rouhandeh, Esq., Davis Polk & Wardwell L.L.P., New York, NY For Defendants IKB Deutsche Industriebank AG and IKB Credit Asset Management, GmbH: John D. McFerrin-Clancy, Esq., Zachary D. Rosenbaum, Lowenstein Sandler PC, New York, New York Thomas E. Redburn, Jr., Esq., Jennifer Jane McGruther, Esq., Lowenstein Sandler PC, Roseland, New Jersey For Defendants Moody's Investors Service Limited and Moody's Investors Service, Inc.: James J. Coster, Esq., Justin E. Klein, Esq., James J. Regan, Esq., Joshua M. Rubins, Esq., Aaron M. Zeisler, Esq., Satterlee Stephens Burke & Burke LLP, New York, New York For Defendant The McGraw Hill Companies, Inc. d/b/a Standard & Poor's Rating Services: Floyd Abrams, Esq., Andrea R. Butler, Esq., Jason M. Hall, Esq., Brian T Markley, Esq., Dean I. Ringel, Esq., Tammy L. Roy, Esq., Adam N. Zurofsky, Esq., Cahill Gordon & Reindel LLP, New York, New York For Defendant Fitch, Inc.: Andrew J. Ehrlich, Esq., Martin Flumenbaum, Esq., Roberta A. Kaplan, Esq., Mark S. Silver, Esq., Tobias J. Stern, Esq., Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, New York For Defendant Stefan Ortseifen: Thomas S. Wiswall, Esq., Phillips Lytle LLP, Rochester, New York For Defendant Winfried Reinke: Fran M. Jacobs, Esq., Duane Morris LLP, New York, NY
Case number: 09 Civ. 8387 (SAS)

Cite as: King County v. IKB Deutsche Industriebank AG, 09 Civ. 8387 (SAS), NYLJ 1202474373592, at *1 (SDNY, Decided October 29, 2010)District Judge Shira A. Sch

August 08, 2008 |

Beijing 2008: The Legal Olympics

10 minute read
December 07, 2010 |

Cleveland bets Vornado can revamp city as health hub

Cleveland, which has poured almost $1 billion into such projects as three sports stadiums and the Rock & Roll Hall of Fame, is on the verge of spending $465 million in an effort to remake itself as the epicenter for the sale of medical equipment and supplies.
12 minute read
March 31, 2005 |

New Deals

Data processor SunGard Data Systems Inc. announced this week it will be acquired by a consortium of seven private equity firms in a leveraged buyout worth $11.3 billion in cash and assumed debt. Five of New York's largest firms are working on the deal.
3 minute read
October 22, 2013 |

Connecticut Bar Exam Results July 2013

The following list contains the names of everyone who passed the July 2013 Connecticut bar examination. However, not everyone on this list has been recommended for admission to the bar.
10 minute read
July 02, 2013 |

Saving Grandma From The Grifters In Georgia

Love is in the Air and that includes May-December romances. In the 1971 cult classic Harold and Maude, the relationship between the two protagonists is innocent enough. Twisted, but innocent.
9 minute read
April 13, 2009 |

Instant Appeal Certified in Chocolate Price-Fixing Case

Facing accusations of price fixing, leading chocolate manufacturers in the United States have persuaded a Pennsylvania federal judge to certify an immediate appeal of his decision not to dismiss 87 consolidated antitrust suits. Lawyers will be closely watching the interlocutory appeal because it promises to give the 3rd Circuit its first opportunity to define the scope and effect of the U.S. Supreme Court's seminal 2007 Bell Atlantic Co. v. Twombly decision on price-fixing cases.
5 minute read
February 12, 2008 |

Administration announces program to help embattled homeowners threatened with foreclosure

WASHINGTON AP - Homeowners threatened with foreclosure would in some instances get a 30-day reprieve under an initiative the Bush administration announced Tuesday.Dubbed "Project Lifeline," the program will be available to people who have taken out all types of mortgages, not just the high-cost subprime loans that have been the focus of previous relief efforts.
4 minute read
November 14, 2008 |

Successful New Jersey Bar Candidates, July 2008

Listed below are the results from the July 2008 New Jersey Bar Examination. Of the 3,141 candidates who sat for this examination, results have been mailed to 3,041, and of those, 2,514 (82.6 percent) passed.
25 minute read

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