News

Construction

[01/05] Astec Industries, Inc. to Present at CJS Securities 9th Annual 'New Ideas For The New Year' Investor Conference
[01/05] Company wants part of Minn. bridge suits dismissed
[01/05] NY contractor indicted in crane collapse
[01/05] Construction spending shows gains but outlook grim
[01/05] Dollar mixed on construction data, Obama plan

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Real Estate

[01/05] Highest Number of Businesses Sold in Transworld 2008
[01/05] Transworld Business Brokers Names Its Top Producer for 2008
[01/05] Calif. court sides with US church over property
[01/05] NY Fed begins purchasing mortgage securities
[01/05] Dollar mixed on construction data, Obama plan

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Business

[12/31] Stores to airlines, many brands vanished in 2008
[12/31] Officials: tracking bailout money is difficult
[12/31] Home improvement chains weather tough storm
[12/31] LyondellBasell says bankruptcy is an option
[12/31] Food and drug retail stocks a better buy in 2008

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Case Summaries

Civil Procedure

[12/31] Eastern Seaboard Constr., Inc. v. Gray Constr., Inc.
In an arbitration to resolve dispute between defendant-contractor and plaintiff-construction company, decision vacating amended arbitration award and denying plaintiff prejudgment interest on its award is affirmed in part, reversed in part, and remanded where the arbitrator's omission of the $66,613.89 contract balance in the initial award, rather than a redetermination of the merits, was the type of "clerical, typographical, technical or computational error[]" which AAA Rule 47 permitted him to amend or clarify.

[12/31] Emenaker v. Peake
Decision of the Court of Appeals for Veterans Claims to deny veteran's request for benefits attributable to a service-connected disability stemming from a neurological disorder is affirmed because veteran failed to raise his present argument in the Court of Appeals for Veterans Claims in the first instance, and had therefore failed to preserve the issue for appeal.

[12/31] US Motors v. Gen. Motors Europe
District court correctly dismissed this case, brought by domestic and foreign plaintiffs against a foreign defendant, for lack of subject matter jurisdiction. The presence of foreign parties on both sides of the dispute destroyed the complete diversity required by 28 U.S.C. section 1332(a)(2).

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Commercial Law

[12/31] Gen. Store, Inc. v. Van Loan
Revocation of a federal firearms dealer license for willful violations of federal and state firearms laws is affirmed. A violation of the Gun Control Act requires a willful violation that is "a deliberate, knowing, or reckless violation of its requirements," and both of plaintiff's violations satisfied this standard.

[12/31] US Motors v. Gen. Motors Europe
District court correctly dismissed this case, brought by domestic and foreign plaintiffs against a foreign defendant, for lack of subject matter jurisdiction. The presence of foreign parties on both sides of the dispute destroyed the complete diversity required by 28 U.S.C. section 1332(a)(2).

[12/30] In re: Marshall
Balance transfers from one credit card to another, made by debtors during the ninety-day period prior to the filing of their Chapter 7 petition, are preferential transfers under 11 U.S.C. section 547(b). Such payments constitute transfers of "an interest of the Debtor in property," because the debtor exercises control over the loaned proceeds even if he is never in actual possession of them, and such transactions deplete the bankruptcy estate.

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