On Friday, April 12, 2024, LuLu Reisman, George Denegre, Carey Menasco, and Melanie Derefinko secured a significant appellate victory for Luv n’ care, Ltd. (“LNC”), an international manufacturer of baby products, against Eazy-PZ, LLC (“EZPZ”), a Colorado-based baby product manufacturer
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Dismissal with Prejudice of Plaintiffs’ Claims Against Building Products Manufacturer
Liskow lawyers Tyler Trew and Sheri Corales recently secured a ruling in their favor in Louisiana state court, at the preliminary stage of the litigation, dismissing the entirety of Plaintiffs’ claims against Liskow’s client, Lincoln Wood Products, Inc. (“Lincoln”).…
Liskow Secures Success on Summary Judgment Motion, Dismissing the Entirety of Plaintiffs’ Personal Injury Claims, with Prejudice
Liskow lawyers Cherrell Taplin and Melanie Derefinko recently secured a ruling in their favor dismissing the entirety of Plaintiffs’ claims against Liskow’s client, ExxonMobil Product Solutions Company (“ExxonMobil”). …
IRS Seeks to Curtail Abusive Transactions Involving CRATs
On March 22, 2024, the Treasury Department published a proposed regulation relating to certain transactions involving Charitable Remainder Annuity Trusts (“CRATs”) investing in single premium immediate annuities (“SPIAs”). The rule would designate transactions seeking to exclude from income SPIA payments…
FinCEN Proposes New Regulation for Residential Property
On February 16, 2024, the Treasury Department published a proposed regulation relating to new reporting requirements for certain transfers of residential real estate consistent with its rulemaking authority under the Bank Secrecy Act. The rule would require the filing of…
Fifth Circuit Narrows CAFA’s Local Controversy Exception Requiring All Plaintiffs Incur Their Principal Injuries in the Forum State
As a matter of first impression, the Fifth Circuit held that an oil-and-gas royalties class action belongs in federal court based on its interpretation that the “principal injuries” prong of the CAFA local controversy exception requires all plaintiffs sustain their…
All Bark and No Bite: Middle District Finds Conclusory Intentional Tort Allegations Against Employer Insufficient to Prevent Removal on Improper Joinder Grounds
On March 11, 2024, Liskow lawyers Kathryn Gonski and Melanie Derefinko secured the denial of a motion to remand on improper joinder grounds and the dismissal of an intentional tort claim against Methanex, a major Louisiana plant owner, in Knight…
Federal District Court in Alabama Declares the Corporate Transparency Act Unconstitutional
The United States District Court for the Northern District of Alabama ruled that the Corporate Transparency Act (CTA) is unconstitutional. Read more about the update here.…
US Fifth Circuit Upholds 12(b)(6) Dismissal, Emphasizing Need for Adequate Facts in Contract and Quasi-Contract Claims and Refusing to Allow Amendment to Omit Allegations Fatal to Plaintiff’s Claims
On February 15, 2024, Liskow lawyers Kathryn Gonski and Shannon Holtzman secured a unanimous, published United States Fifth Circuit Opinion in Shaw v. Restoration Hardware, Inc., affirming a Rule 12(b)(6) dismissal without leave to amend. 2024 WL 640246 (5th Cir.…
FinCEN Rule Update
Since 2016 the Financial Crimes Network of the Treasury Department (“FinCEN”) has issued orders requiring title insurance companies to report certain non-financed residential real estate transactions to entities and trusts above a certain price threshold. These “Residential Real Estate Geographic…