district court

Pension tussle taking center stage in Yellow bankruptcy

Yellow Corp.’s bankruptcy case is progressing on several fronts—but not yet on the one with the biggest dollar amounts at play.

In recent weeks, Yellow attorneys exchanged filings with their peers at the Central States Pension Fund and the federal Pension Benefit Guaranty Corp. in U.S. Bankruptcy Court for the District of Delaware about how to resolve the question of the company’s remaining pension obligations. Yellow, which was the sixth-ranked carrier on the 2023 FleetOwner 500: For Hire list before it shut down in July, claimed in December that the PBGC’s early-2023 bailout of Central States meant the pension plan couldn’t then also claim billions from Yellow.

International Brotherhood of Teamsters-affiliated Central States asked Yellow last summer to cover nearly $5 billion in withdrawal liabilities (the company’s alleged share of unfunded benefits) and another $900 million in so-called participation guarantees. Yellow called those claims an attempt to collect “hundreds of millions of dollars in damages it has not sustained” and said pension officials were asking for “free money.”

Lawyers for Central States responded in early January not by directly addressing the legal merits of their claim but by saying that various federal courts have held that a dispute over pension

Read the rest

Zali Burrows sues herself into bankruptcy

Zali Burrows sues herself into bankruptcy

Criminal lawyer Zali Burrows’ 12-year pursuit of her own lawyers over a $12,000 sum has pushed her to the brink of bankruptcy, which she is attempting to fend off with more legal action in the Federal Court.

Burrows, whose high-profile clients include former Auburn deputy mayor and convicted fraud Salim Mehajer, murderer and drug importer Bassam Hamzy and terrorist Hamdi Alqudsi, is appealing bankruptcy orders brought against her by Macpherson Kelley Lawyers on grounds including that the notice was not correctly served.

Criminal solicitor Zali Burrows is fighting bankruptcy proceedings brought by her former lawyers.

Criminal solicitor Zali Burrows is fighting bankruptcy proceedings brought by her former lawyers.Credit: Kate Geraghty

The origins of the dispute date back to a legal matter in 2011, since which time a judge of the NSW Court of Appeal has commented that the costs of pursuing the sum awarded in her favour have vastly exceeded the amount in issue. Macpherson Kelley, then known as M&K Sydney, advised Burrows in the 2011 proceedings, with the court making a costs order of $12,239.83 in her favour.

In November 2015, Burrows sued M&K Sydney and her former solicitor Melinda Di Condio in the NSW District Court, saying they had failed to enforce that costs order, with an additional claim of

Read the rest

Patent Case United Cannabis v Pure Hemp no Inequitable Conduct

The US Court of Appeals for the Federal Circuit affirmed the rejection of attorney fees, finding that neither inequitable conduct nor a conflict of interest rendered the case exceptional given the limited factual record following a stipulated dismissal in a patent case. United Cannabis Corp. v. Pure Hemp Collective Inc., Case No. 22-1363 (Fed. Cir. May 8, 2023) (Lourie, Cunningham, Stark, JJ.).

United Cannabis Corporation (UCANN) sued Pure Hemp for patent infringement. After the litigation was stayed pending bankruptcy proceedings, the parties stipulated to the dismissal. Pure Hemp then sought attorney fees based on alleged inequitable conduct by UCANN during prosecution of the asserted patent due to nondisclosure of a prior art reference used in the patent’s specification and based on a purported conflict of interest by UCANN’s litigation counsel. The district court denied Pure Hemp’s request, finding that the case was not exceptional. Pure Hemp appealed.

Pure Hemp argued that the district court erred by (1) failing to find Pure Hemp to be the prevailing party in the litigation, (2) not concluding that the undisputed facts established inequitable conduct and (3) not recognizing that UCANN’s attorneys had a conflict of interest.

The Federal Circuit found that although

Read the rest

Hurwit wins Senate support to be next U.S. Attorney for Idaho

Hurwit, an assistant U.S Attorney in Idaho since 2012, headed the prosecution of Aryan Knights white supremacist prison gang in Idaho, among an array of other cases.

BOISE, Idaho —

This article originally appeared in the Idaho Press.

The nomination of Joshua Hurwit to be Idaho’s next U.S. Attorney for Idaho cleared the U.S. Senate Judiciary Committee on Thursday on a voice vote, advancing favorably to the full Senate for confirmation. 

“I think Josh had pretty solid bipartisan support,” said Idaho House Minority Leader Ilana Rubel, D-Boise, who has known Hurwit since before she ran for office; the two are fellow Harvard Law grads. “He has very strong credibility with law enforcement and really across the board.” 

Hurwit has been an assistant U.S Attorney in Idaho since 2012, and headed the prosecution of the Aryan Knights white supremacist prison gang in Idaho, among an array of other cases. The gang’s leader was sentenced to life in federal prison in 2021, and numerous other gang members were convicted on federal charges. 

“I have never heard a bad word said of Josh Hurwit,” Rubel said. “I’m very excited. Now I just have to hope there’s some sign of life on the

Read the rest