Who’s suing who; the Great Navel and Trump; recent rulings; and three solid lessons.
Hour 1
Correll v. Amazon.com Inc. et al
California Southern District Court
3–21-cv-01833
Reese v. Tyson Foods Inc
Missouri Western District Court
21-cv-05087
Government Employees Insurance Co. et al v. East Coast Spine Joint and Sports Medicine Professional Association d-b-a the Spine and Sports Health Center et al
New Jersey District Court
21-cv-19408
Turcios et al v. CPE HR Inc. et al (Windsor Nursing Home)
California Central District Court
21-mc-01089
Private attorney general
https://en.wikipedia.org/wiki/Private_attorney_general
Why Many Police Traffic Stops Turn Deadly – The New York Times 2021-11-01
“Open the door now, you are going to get shot!” an officer in Rock Falls, Ill., shouted at Nathaniel Edwards after a car chase.
“Hands out the window now or you will be shot!” yelled a patrolman in Bakersfield, Calif., as Marvin Urbina wrestled with inflated airbags after a pursuit ended in a crash.
“I am going to shoot you — what part of that don’t you understand?” threatened an officer in Little Rock, Ark., adding a profanity, as she tried to pry James Hartsfield from his car.
The police officers who issued those warnings had stopped the motorists for common offenses: swerving across double yellow lines, speeding recklessly, carrying an open beer bottle. None of the men were armed. Yet within moments of pulling them over, officers fatally shot all three.
I reflect on the Great Navel and the “corrected legal status” devotee’s problem.
In re B.R.L. (I was riveted when I saw my namesake, Billy was to be separated permanently from his mother.
https://law.justia.com/cases/north-carolina/supreme-court/2021/460a20.html
This is a family custody issue that warmed my heart. I love it when a State Supreme Court does it right.
What’s a legal conclusion? Short answer; not enough.
What’s a finding? Short answer; something the court has to justify, on paper.
Lehman Brothers Holdings Inc. files new adversary proceedings against mortgage brokers
Hour 2
We start with 2 short lessons and address beginner concepts:
Judicial and nonjudicial actions
SWOT analysis
The one thing you can prove in a court
The third lesson is a more complex UCC lesson for the hungry.
A tissue manufacturer needs a tissue for its crying eyes.
This lesson shows the appellate court for the seventh circuit had to use Wisconsin’s UCC to resolve a complicated matter. If you are interested, a map of the federal districts is here.
Tissue Technology LLC v. TAK Investments LLC, No. 18-1835 (7th Cir. 2018) Available here.
You will want to follow along with Wisconsin’s UCC which can be found here. The individual chapters are below.
Chapter 401 — General Provisions
Chapter 402 — Sales
Chapter 403 — Negotiable Instruments
Chapter 404 — Bank Deposits And Collections
Chapter 405 — Letters Of Credit
Chapter 407 — Documents Of Title
Chapter 408 — Investment Securities
Chapter 409 — Secured Transactions
Chapter 410 — Funds Transfers
Chapter 411 — Leases
If you are in Wisconsin you will want to download PDFs of Chapters 1 here, 3 here, and 9 here.
Below are the citations to Wisconsin’s UCC in the order they appear in the ruling.
403.301 Person entitled to enforce instrument.
“Person entitled to enforce” an instrument means the holder of the instrument, a nonholder in possession of the instrument who has the rights of a holder, or a person not in possession of the instrument who is entitled to enforce the instrument under s. 403.309 or 403.418 (4). A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.
403.309 Enforcement of lost, destroyed or stolen instrument.
(1) A person not in possession of an instrument is entitled to enforce the instrument if all of the following apply:
(a) The person was in possession of the instrument and entitled to enforce it when loss of possession occurred.
(b) The loss of possession was not the result of a transfer by the person or a lawful seizure.
(c) The person cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be determined or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.
(2) A person seeking enforcement of an instrument under sub. (1) shall prove the terms of the instrument and the person’s right to enforce the instrument. If that proof is made, s. 403.308 applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means.
403.418 (4) Payment or acceptance by mistake.
Notwithstanding s. 404.215, if an instrument is paid or accepted by mistake and the payer or acceptor recovers payment or revokes acceptance under sub. (1) or (2), the instrument is considered not to have been paid or accepted and is treated as dishonored, and the person from whom payment is recovered has rights as a person entitled to enforce the dishonored instrument.
403.203 Transfer of instrument; rights acquired by transfer.
(1) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument.
(2) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee may not acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument.
(3) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of endorsement by the transferor, the transferee has a specifically enforceable right to the unqualified endorsement of the transferor, but negotiation of the instrument does not occur until the endorsement is made.
(4) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this chapter and has only the rights of a partial assignee.
409.313 When possession by or delivery to secured party perfects security interest without filing.
(1) Perfection by possession or delivery. Except as otherwise provided in sub. (2), a secured party may perfect a security interest in tangible negotiable documents, goods, instruments, money, or tangible chattel paper by taking possession of the collateral. A secured party may perfect a security interest in certificated securities by taking delivery of the certificated securities under s. 408.301.
(2) Goods covered by certificate of title. With respect to goods covered by a certificate of title issued by this state, a secured party may perfect a security interest in the goods by taking possession of the goods only in the circumstances described in s. 409.316 (4).
(3) Collateral in possession of person other than debtor. With respect to collateral other than certificated securities and goods covered by a document, a secured party takes possession of collateral in the possession of a person other than the debtor, the secured party, or a lessee of the collateral from the debtor in the ordinary course of the debtor’s business, when:
(a) The person in possession authenticates a record acknowledging that the person holds possession of the collateral for the secured party’s benefit; or
(b) The person takes possession of the collateral after having authenticated a record acknowledging that the person will hold possession of collateral for the secured party’s benefit.
(4) Time of perfection by possession; continuation of perfection. If perfection of a security interest depends upon possession of the collateral by a secured party, perfection occurs no earlier than the time the secured party takes possession and continues only while the secured party retains possession.
(5) Time of perfection by delivery; continuation of perfection. A security interest in a certificated security in registered form is perfected by delivery when delivery of the certificated security occurs under s. 408.301 and remains perfected by delivery until the debtor obtains possession of the security certificate.
(6) Acknowledgment not required. A person in possession of collateral is not required to acknowledge that it holds possession for a secured party’s benefit.
(7) Effectiveness of acknowledgment; no duties or confirmation. If a person acknowledges that it holds possession for the secured party’s benefit:
(a) The acknowledgment is effective under sub. (3) or s. 408.301 (1), even if the acknowledgment violates the rights of a debtor; and
(b) Unless the person otherwise agrees or law other than this chapter otherwise provides, the person does not owe any duty to the secured party and is not required to confirm the acknowledgment to another person.
(8) Secured party’s delivery to person other than debtor. A secured party having possession of collateral does not relinquish possession by delivering the collateral to a person other than the debtor or a lessee of the collateral from the debtor in the ordinary course of the debtor’s business if the person was instructed before the delivery or is instructed contemporaneously with the delivery:
(a) To hold possession of the collateral for the secured party’s benefit; or
(b) To redeliver the collateral to the secured party.
(9) Effect of delivery under sub. (8); no duties or confirmation. A secured party does not relinquish possession, even if a delivery under sub. (8) violates the rights of a debtor. A person to which collateral is delivered under sub. (8) does not owe any duty to the secured party and is not required to confirm the delivery to another person unless the person otherwise agrees or law other than this chapter otherwise provides.
At the end of the lesson I explain OFTI cannot avoid its obligations because it has a duty to act with good faith and fair dealing.
401.304 Obligation of good faith. Every contract or duty within chs. 401 to 411 imposes an obligation of good faith in its performance and enforcement.
403.103 Definitions.
(d) “Good faith” means honesty in fact and the observance of reasonable commercial standards of fair dealing.
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Bill Johnson 2021-11-03