Ucc court cases

    • [PDF File]Security Interests and Liens Priorities - Blank Rome

      https://info.5y1.org/ucc-court-cases_1_355aca.html

      Code (UCC). A security interest is said to attach to collateral when it becomes a right that is enforceable against the debtor’s property. Perfection places third parties, including the debtor’s other creditors, on notice of the existence of a security interest. There are four basic methods for perfecting a security interest under the UCC.

    • [PDF File]COURTROOM TECHNIQUES using the UNIFORM COMMERCIAL CODE - Freedom School

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      you had done it sufficiently by writing 'Without prejudice' UCC 1-308 on the driver's license; c. the statute would now have to be read in harmony with the Common Law, and the Common Law says the statute exists, but there is no injured party; and . d. since there is no injured party or complaining witness, the court has no jurisdiction under the

    • Not So Good: The Classification of “Smart Goods” Under UCC Article 2

      Under UCC Article 2 Chadwick L. Williams Georgia State University College of Law, ... Cases on the Scope of Article 2, 46 BUS. LAW. 1855, 1861–66 (1991). ... the court determines whether their predominant factor, their thrust, their purpose, reasonably stated, is the rendition of service, with goods incidentally involved (e.g.,

    • [PDF File]UCC ARTICLE 9- RECENT CASE LAW DEVELOPMENTS - LBA

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      (UCC § 9-109(d)(8)) The court looked at non-UCC law and the terms of the assignment of the policy to determine whether the secured party had a lien on the policy proceeds ahead of federal tax lien. ... 1 The listed cases and certain discussion were derived from materials prepared by Steven O. Weise of Proskauer Rose, Los Angles, Teresa W ...

    • [PDF File]IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

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      Top Ten Surprise Texas Oil and Gas Law Cases, Seventieth Ann. Inst. on Oil and Gas Law 379-80 (2019). Case: 19-50646 Document: 00515730781 Page: 2 Date Filed: 02/03/2021. No. 19-50646 ... Notwithstanding Texas UCC §9.343, the court held that the Bank’s valid, perfected security interests in the Debtor’s accounts and proceeds takes

    • [PDF File]SO ORDERED. SIGNED this 10 day of February, 2012. James D. Walker, Jr ...

      https://info.5y1.org/ucc-court-cases_1_7795da.html

      He attached to the petition a UCC-3, which is an amendment to a UCC financing ... Mr. Rogers filed the UCC-3 with the Clerk of the Superior Court of Crisp County, Georgia, on February 6, 2012. In Box 8, titled “AMENDMENT (COLLATERAL ... 2010 WL 1904860 (S.D. Miss. May 10, 2010) (collecting cases). Even the Treasury Department has issued an ...

    • [PDF File]The UCC Connection: Free Yourself from Legal Tyranny

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      UCC Connection "I send you out as sheep in the midst of wolves, be as wise as a serpent and harmless as a dove." Introduction When I beat the IRS, I used Supreme Court decisions. If I had tried to use these in court, I would have been convicted. I was involved with a Patriot group and I studied supreme Court cases.

    • [PDF File]Uniform Laws Annotated - Duke University School of Law

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      the 2nd series, includes cases construing sections of the UCC and provides commentary about the cases. The set also includes tables indicating state variations of the UCC and the full text of PEB Commentaries. Westlaw contains this service in its Uniform Commercial Code Cases database (UCC-CS). Uniform Commercial Code Case Digest (KF880.3 .U54 ...

    • [PDF File]Letters of Credit

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      Pre-honor cases are those in which a dispute arises before a demand for pay-ment under an LC has been honored. These actions typically involve a beneficiary ... The court applied the conflict of laws rules stated in U.C.C. section 5-116. Under sections 5-116(b) and (c), and the terms of the LC, the court determined that the issuer’s ...

    • [PDF File]UCC UPDATE: 2013 CASE LAW UPDATES AND EXAMPLES OF HOW YOUR BANK MAY BE ...

      https://info.5y1.org/ucc-court-cases_1_bf7c76.html

      my opinion that more and more plaintiffs will begin filing claims under UCC § 4A as people may start using paper checks and traditional banking methods even less. 1. Various cases you might find of interest regarding UCC issues and other banking issues. a. Recent case you might find of interest regarding a court ruling against plaintiffs

    • [PDF File]Damages for Breach of Contract - New York University

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      UCC §1-106: Remedies to be liberally administered so as to put Promisee in position he would be in had the contract been performed (General Expectancy) ... A court may limit damages for foreseeable loss by excluding recovery for loss of profits, by allowing recovery only for loss incurred in reliance, or otherwise if it

    • [PDF File]Trying Breach of Contract Cases - University of North Carolina at ...

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      (b) by evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement. Terms Implied in UCC Contracts • Warranties • Express • GS 25‐2‐313 • Merchantability • GS 25‐2‐314

    • [PDF File]SUPREME COURT OF THE UNITED STATES

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      groups of drivers. This Court has already held that a scheme to alter such a regulatory choice is not one to take the government’s property. Id., at 23. And while a government’s right to its employees’ time and labor is a property interest, the prosecution must also show that it is an “object of the fraud.” Pasquantino v.

    • [PDF File]A QUICK GUIDE TO SOVEREIGN CITIZENS - University of North Carolina at ...

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      the UCC, if the creditor wrongly refuses to accept this tender the sovereign debtor is discharged from any responsibility. There are various other UCC schemes as well that involve security agreements, hold- ... North Carolina appellate cases There are few state appellate court decisions debunking sovereign citizens’ arguments because

    • UCC 1-207: Section 1-207 Supersedes the Common Law Doctrine of Accord ...

      liberal construction of the notice requirement in consumer injury cases could similarly jus-tify a liberal construction of section 2-725 in such cases (i.e., a determination that the limi-tations period accrues on delivery to the retail consumer)." See Heller v. U.S. Suzuki Motor Corp., 64 N.Y.2d at 412, 477 N.E.2d at 437, 488

    • [PDF File]ARTICLE 9 COURT CASES OF INTEREST SINCE THE 2010 UCC ARTICLE 9 AMENDMENTS

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      DEBTOR’S NAME ON UCC FILING DID NOT MATCH DRIVER’S LICENSE; UCC FILING DEEMED SERIOUSLY MISLEADING In re: Ronald Markt Nay, Bankruptcy Case No. 16-90762-BHL, Adv. No. 16-59032, 2017 Bankr. LEXIS 472 (Bankr. S.D. Ind. January 23, 2017). The court found that creditor’s inadvertent indication of the debtor’s name as Ronald Mark Nay

    • Case Western Reserve Law Review

      The Case for a Literal Reading of UCC Section 2-708(2)(One Profit for the Reseller) Morris G. Shanker ... view was also recently accepted by the New York Court of Appeals in Neri v. Retail Marine Corp., 30 N.Y.2d 393, 285 N.E.2d 311, 334 N.Y.S.2d 165 (1972). But, query, why do these authorities distinguish between situations where the goods are ...

    • [PDF File]The Uniform Commercial Code Survey: Introduction - American Bar Association

      https://info.5y1.org/ucc-court-cases_1_c50d30.html

      pose test to the mixed transaction, the court first held that the transaction was primarily for goods. After determining that Article 2 applied to the transaction, the court applied section 2-204 to conclude that a contract arose based upon the communications of the parties and payment by the plaintiff of the purchase price.

    • [PDF File]Winning the “Battle of the Forms” Under Section 2-207 of the UCC

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      favorable out-of-court settlement for the client. Due to her experience in this and other warranty cases, Brianna is able to customize litigation strategies that align with her clients’ needs, resources, and goals in a range of venues and litigation settings. Brianna may be reached at bsansone@agdglaw.com or 312-755-3167.

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