Tufts v. Hay, Case Nos. 19-11496 & 19-11603 (11th Cir. 2020).
The Barton(v. Barbour, 104 U.S. 126 (1881) Doctrine (suit cannot be brought against a court-appointed receiver without leave of the court that appointed the receiver) does not apply in bankruptcy court after the case is closed.Pine Mountain Preserve, LLLP v. Commissioner Of Internal Revenue, CaseNo. 19-11795 (11th Cir. 2020).
A grant to a qualified conservationtrust, so long as the grant is in perpetuity for conservation purposes, qualifies for tax deductibility under I.R.C. § 170 even though it is a “Swiss cheese” grant, i.e., land granted for conservation with pockets of development.Santana v. Miller, Case No. 3D19-1808 (Fla. 3d DCA 2020).
The following language is sufficient to release future claims, including for discriminatory and hostile work environment:
Based on the consideration described above, Employee hereby fullyand finally releases and discharges Employer from any and all claims,wages, overtime, vacation pay or any sums of any nature whatsoever,up through the date this Release is signed . . .Aleman v. Gervas, Case No. 3D19-2255 (Fla. 3d DCA 2020).
The following clause requires the company, and not individual members, to pay amounts due to Aleman:
Morningside Management LLC. The Parties are equalowners, directly or indirectly, ofMorningsideManagement LLC (“MM”). The Parties will endeavor torestructure or liquidate this company and pay the amountsowed to Raymond [Aleman]. Within thirty (30) days ofthe date of this Agreement, each of Gervas and Alemanwill pay one half of the amounts owed to the law firms ofMurai Wald Biondo & Moreno P.A. and Lagos andPriovolos.
