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New York Susquehanna and Western Railway Corporation v. Jackson
The Interstate Commerce Commission Termination Act does not pre-empt state regulation if it is nondiscriminatory and not unreasonably burdensome.Cumberland Mutual Fire Insurance Co. v. Murphy et al
An equally divided Court affirms the Appellate Division decision that the exclusionary clauses in this homeowner's insurance policy, for "willful harm" or "knowing endangerment" and "knowing violation of penal law," do not exclude coverage for the injuries that resulted when the insureds' teenage son, while intentionally firing a BB gun at passing cars, struck a driver, blinding her in one eye, since the circumstances did not support a presumption that he harbored a subjective intent to injure anyone.The Official Committee of Unsecured Creditors of Cybergenics Corporation v. Chinery, etc., et al,
Bankruptcy courts may authorize creditors' committees to sue derivatively to avoid fraudulent transfers for the benefit of the estate; Hartford Underwriters Ins. Co. v. Union Planters Bank, a Chapter 7 case that interpreted the text of 11 U.S.C. � 506(c) to foreclose anyone other than a trustee from seeking to recover administrative costs on its own behalf, does not operate to prevent the Bankruptcy Court from authorizing such suits; the judgment of the District Court is reversed.
The Official Committee of Unsecured Creditors of Cybergenics Corporation,
A creditors' committee may not assert fraudulent-transfer claims under 11 U.S.C. � 544 of the Bankruptcy Code; the plain language of � 544 and Hartford Underwriters, holding that an administrative claimant of a Chapter 7 bankruptcy estate does not have an independent right to bring suit under 11 U.S.C. � 506(c), allow only the trustee or debtor-in-possession to assert fraudulent-transfer claims, and a creditor or creditors' committee may not bring such avoidance actions derivatively; the dismissalHardwicke v. American Boychoir School et al, etc.,
In these consolidated appeals, where plaintiffs allege that they were the victims of sexual abuse by employees of defendant, a private, non-profit school, while they were boarding students there, the trial court erred in dismissing their claims against the school under the Child Sexual Abuse Act (CSAA) since, notwithstanding its status as a corporate entity, there is no impediment to including the school ? which operated in an in loco parentis capacity with respect to its students and as a "household" wiDKM Residential Properties Corp. v. Township of Montgomery et al.
The Uniform Construction Code Act permits a municipal construction official to cite a developer for a construction code violation regarding property that has been conveyed and for which a certificate of occupancy has issued; that authority encompasses, at the very least, violations that would have supported the withholding of the certificate of occupancy in the first instance had they been known.
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