case roundup (ole!)

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Al Perry Enters., Inc. v. Appalachian Fuels, LLC, No. 06-6505

In a breach of contract action arising from a bankruptcy court approved sale of the assets and assumption of the executory contracts of a bankrupt company, summary judgment for defendant is affirmed as: 1) plaintiff failed to make its claim for commissions required by a contract with the debtor in the bankruptcy court, and thus its claim was barred unless the obligation was expressly assumed by defendant; and 2) defendant did not expressly assume the debtor’s obligation to pay commissions to plaintiff.

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US v. Bussell, No. 06-50088, 06-50140

A practicing dermatologist’s sentence resulting from convictions for bankruptcy fraud is affirmed in part as to the sentence and an order for restitution and prosecution costs, but reversed in part as: 1) the district court properly determined the amount of intended loss for purposes of sentencing, and the amount of actual loss for purposes of restitution; but 2) an application for reconveyance of certain trust deeds was improperly denied.

Supreme Court of California

Beal Bank, SSB, No. S141131

In the context of California law stating that the statute of limitations for attorney malpractice claims arising from a given matter is tolled for the duration of the attorney’s representation of the client in that matter, when an attorney leaves a firm and takes a client with him, the tolling in ongoing matters does not continue for claims against the former firm and partners.

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