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Delaware bankruptcy litigants get lost in Article 9’s anti-assignment override provisions

David Farrell June 29, 2018
road sign of a car swerving

A recent Delaware bankruptcy court decision may leave bankruptcy-claim traders somewhat confused as to how to properly navigate the anti-assignment “override provisions” set forth in Revised Article 9 of the Uniform Commercial Code. READ MORE

Missouri court rules jury waiver applies here, there, and everywhere

November 15, 2013

What happens when one loan document contains a jury waiver but another doesn’t? For the lender, all may not be lost. That was another important holding from the Missouri Court of Appeals Western District in Midland Property Partners, LLC v. Richard Watkins. READ MORE

Want to recover attorneys’ fees in Missouri? Make sure you use the magic words

November 8, 2013

It has been the longstanding rule in Missouri that a litigant may recover his attorneys’ fees and costs from the losing party if the underlying contract expressly authorizes the award of attorneys’ fees. But Missouri courts take very seriously the requirement that attorneys’ fees be expressly authorized. READ MORE