The Litigation Reporter - February 2005

In this issue:

- Bankruptcy Code Preempts California State Statute That Gives An Assignee Selected By The Debtor The Power To Void Preferential Transfers That Could Not Be Voided By An Unsecured Creditor
- Insurance Company Had Standing To Appeal A Dismissal Of Its Unfair Competition Claim Despite Proposition 64
- Three Year Statute Of Limitations Applies To Certain Breach Of Professional Contract Claims
- Use Of Statistical Evidence Alone Is Not Sufficient To Show Discrimination
- Recovery On Insurance Claim Precluded By Insureds’ Conduct
- Lessor May Be Held Liable For Breach of Lessee’s Covenant Of Quiet Enjoyment By Failing To Take Action Against A Troublesome Neighbor
- Bank Not Liable For Accident By Loaning Money To Reckless Driver
- Fair Use Defense To Trademark Claim Need Not Negate Customer Confusion
- Advisory Board’s Advertising Campaign Did Not Violate California’s Unfair Business Practices Because Advisory Board Was Not Considered A "Person" As Defined By The Unfair Competition Law