Julianna Michelle Childs

The case centered on a lease agreement for real property in South Carolina originally entered into by 1500 Range Way Partners, LLC with Washington Mutual Bank, which later failed and entered FDIC receivership under FIRREA. JPMorgan Chase assumed certain assets and liabilities from the FDIC via a Purchase and Assumption Agreement, but the FDIC repudiated the lease as burdensome and not assumed by JPMorgan. Range Way sued JPMorgan for unpaid lease payments, after which the FDIC intervened and moved to dismiss the complaint. The court granted the motion under Rules 12(b)(1) and 12(b)(6), ruling that Range Way failed to exhaust the mandatory administrative claims process under FIRREA before filing suit in federal court, depriving the court of jurisdiction over claims involving the failed bank's assets.

business & regulatoryprocedure

Donald Barker sued the Retirement Plan of International Paper Company under ERISA to obtain disability retirement benefits after his claim was denied by the plan administrator and on internal appeal. Barker had ceased work due to joint and extremity pain from conditions including cervical radiculopathy and carpal tunnel syndrome, and he submitted physician statements and assessments indicating he was permanently disabled and limited to sedentary activity. The plan relied on a functional capacity evaluation, a transferable skills analysis, and independent physician reviews that found Barker capable of light-duty work within his restrictions. The court affirmed the denial of benefits, concluding that the administrator's decision was reasonable, supported by objective evidence in the record, and not influenced by a conflict of interest.

labor & employmentbusiness & regulatory

This case involves claims by the executor of Anna Nicole Smith's estate against various defendants, including her former lawyers (the Brown Defendants), for allegedly removing and misusing estate property such as personal items, videos, photographs, and hard drives from a Bahamas home after her 2007 death. The claims include conversion, wrongful taking under California Probate Code § 850, commercial appropriation of the right of publicity under California Civil Code § 3344.1, unjust enrichment, unfair competition, and related violations. The Brown Defendants moved to partially dismiss the probate and publicity claims and to bar certain discovery-related allegations on collateral estoppel grounds. The court denied the motion, finding the amended complaint's allegations sufficient to state those claims and determining that prior rulings on sanctions did not preclude the civil causes of action.

propertyproceduretorts & liability