Assume a creditor receives a judgment giving him a lien on a debtor’s interest in a business entity.In Arizona, this is called a charging order.If the business entity is a limited liability company (“LLC”), then the charging order is the creditor’s exclusive remedy to satisfy a judgment out of the debtor’s interest in the business …
What is a Charging Order? A charging order is a judgment lien that a creditor may obtain against a debtor’s interest in a business entity.Part One of this article in the Spring 2010 Newsletter discussed the effects of charging orders on limited liability companies (“LLCs”) and corporations.Part Two explains that, as with LLCs, a charging …
The Pendulum swings. Recent times have demonstrated just how far. Earlier, sweat shops led to child labor laws. Decades of racial discrimination led to quota systems. Of late, claims of “sexual harassment” and “hostile work environments” have led to laws and lawsuits that make employers wonder what they can do to avoid both claims and …
Lilly, a female supervisor at a Goodyear Tire and Rubber plant in Alabama from 1979 to 1998, held a position typically held by men. See Ledbetter v. The Goodyear Tire & Rubber Co., Inc., 550 U.S. 616, 643,127 S.Ct. 2162, 2178 (2007). Although at first her salary was in line with theirs, her pay later …
Often misunderstood by state and federal courts (and lawyers), the Economic Loss Doctrine (the “Doctrine”), as enunciated in 2003, precludes an aggrieved party from recovering economic damages in tort unless accompanied by physical harm in the form of personal injury or secondary property damage.Its purpose has been to distinguish contract claims (with only pecuniary injury) …