Case Summaries
Commercial Law
[07/01] Arnold's Wines, Inc. v. Boyle
District court order granting defendants' motions to dismiss plaintiff's request for a declaratory judgment is affirmed where sections of the New York Alcoholic Beverage Control Laws banning direct sales to consumers by out-of-state liquor retailers and instituting a three-tier system for the regulation of alcoholic beverages evenhandedly regulate the importation and distribution of liquor within the state and do not discriminate against out-of-state producers in violation of the Commerce Clause, and thus are a valid exercise of the state's rights under the Twenty-first Amendment.
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Uniform Commercial Code
[06/25] BRASHER'S CASCADE AUTO AUCTION v. VALLEY AUTO SALES AND LEASING
The former version of the California Uniform Commercial Code requires a merchant buyer to adhere to reasonable commercial standards to obtain the status of a buyer in the ordinary course of business for purposes of section 9307.
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Asset Forfeiture
[06/23] Transportes Navieros y Terrestres S.A. v. Fairmount Heavy Transport N.V.
District court order granting defendant's motion to reduce the amount held by maritime attachment pursuant to the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions is affirmed where defendant demonstrated good cause to reduce the amount of the attachment, and the district court properly exercised its discretion in drawing the preliminary conclusion that plaintiff was likely to recover only the costs it incurred in securing the release of the Vessel and in thus reducing the amount of the attachment.
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Bankruptcy Law
[06/30] Tate v. Bolen
The dismissal of Debtors' bankruptcy petition for abuse is reversed, where Debtors should have been allowed to deduct a transportation ownership deduction under the plain language of 11 U.S.C. section 707(b), even though they had no loan or lease payment on their vehicle.
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