March 25, 2019

Archives for July 17, 2012

CBA Upgrades to the New Casemaker on July 18

Casemaker, the Colorado Bar Association’s free legal research member benefit, will be upgraded on Wednesday, July 18, 2012, to provide new features and functionality that will greatly improve users’ legal research experience.

Users will have three months to explore the new interface before the old Casemaker 2.2 version goes away for good. When using the New Casemaker, if you find yourself stumped, assistance is just a phone call away at (877) 659-0801, or revert to Casemaker 2.2 by clicking on the “Return to 2.2” link at the top of the New Casemaker search window. You can also call the CBA’s Casemaker Hotline for assistance at (303) 860-1115, and ask for Reba Nance or Lauren Eisenbach.

To make the transition easier, the CBA has created a video tutorial, specifically tailored for Colorado attorneys. The tutorial is broken down by chapters, allowing you to easily locate the information you need. In addition, trainings are available in person and via webinar.

The new version of Casemaker offers many improved features. Here are just a few:

  • Faster search results with a single, Google-like search field
  • Personalized search history—save and reuse your searches
  • Create folders to save your searches and cases and organize your research
  • Results can be filtered by most relevant, most cited, and date decided
  • Adjustable font sizes for easier viewing

Find the complete list of features here. As you explore the latest version of this member benefit, take advantage of the many video tutorials (one provided below), and access the schedule of upcoming trainings.

Tenth Circuit: Trustee Did Not Lack Standing to Prosecute Adversary Proceeding and Obtain Turnover of Domain Name

The Tenth Circuit Court of Appeals published its opinion in Search Market Direct, Inc. v. Jubber on Monday, July 16, 2012.

The Tenth Circuit affirmed in part and reversed in part the district court’s decision. The three cases before the Court arose from bankruptcy proceedings initiated by debtor Steve Zimmer Paige in 2005. “The parties driving the litigation are Search Market Direct, Inc. (SMDI) and ConsumerInfo.com (ConsumerInfo). Both seek control of the internet domain name “freecreditscore.com” (the Domain Name), which once belonged to Paige. SMDI purchased the Domain Name from a third party shortly after Paige filed for bankruptcy. In May 2006, the estate’s trustee instituted an Adversary Proceeding to recover it. In December 2006, the bankruptcy court entered a Sale Order approving an Asset Purchase Agreement under which, inter alia, ConsumerInfo agreed to provide funds to repay the estate’s creditors and litigate the Adversary Proceeding in exchange for the estate’s promise to give ConsumerInfo the Domain Name if it was recovered.”

“In 2007, the parties proposed competing Chapter 11 plans for the estate. The bankruptcy court denied confirmation of the plan SMDI proposed, under which the Adversary Proceeding would have been settled and SMDI would have kept the Domain Name. The court instead confirmed a Joint Chapter 11 Plan supported by ConsumerInfo and the Trustee. Under the Joint Plan, the Adversary Proceeding was transferred to a Liquidating Trust which continued to litigate it for the estate and ConsumerInfo. The bankruptcy court resolved the Adversary Proceeding in the Liquidating Trustee’s favor in 2009. The Liquidating Trustee transferred the Domain Name to ConsumerInfo and the Joint Plan was otherwise substantially consummated.”

On appeal, the Court found that the “Joint Plan was properly confirmed because it was proposed in good faith and was fair and equitable.” It also held that “the bankruptcy court did not err in denying confirmation of the SMDI Plan for lack of feasibility.” Additionally, the Court held “that the issues SMDI raises in the Adversary Appeal are not moot. Nonetheless, [it rejected] SMDI’s argument that the Trustee lacked standing to prosecute the AP and obtain turnover of the Domain Name.

Tenth Circuit: Unpublished Opinions, 7/16/12

On Monday, July 16, 2012, the Tenth Circuit Court of Appeals issued one published opinion and seven unpublished opinions.

United States v. Ortega-Saucedo

United States v. Young

Mitchell v. Figueroa

KT Group, LLC v. Christensen, Glaser, Fink, Jacobs, Weil & Shapiro, LLP

Koyle v. Wells Fargo Bank Minnesota

United States v. Jones

Pinson v. Davis

No case summaries are provided for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.