March 28, 2019
Circuit Upholds Dismissal of Suits to Restrict Puerto Rico’s Use of Tax Revenue
First Circuit bars use of declaratory judgments restricting Puerto Rico’s use of tax revenues.
1st CircuitMarch 27, 2019
Ninth Circuit Lays Down Additional Pleading Requirements for FCRA Complaints
Curiously, a Ninth Circuit panel imposed significant pleading requirements for FCRA complaints but only issued a nonprecedential opinion.
9th CircuitMarch 26, 2019
‘Deemed Allowed’ Claims Can Be Binding in Subsequent Litigation, Circuit Says
A failure to distinguish between res judicata and collateral estoppel turned out to be costly.
6th CircuitMarch 25, 2019
Automatic Stay Applies to ‘Ordinary Course’ Litigation in Puerto Rico, Circuit Holds
First Circuit finds no exceptions to the automatic stay under PROMESA subjecting Puerto Rico to ‘ordinary course’ litigation.
1st CircuitMarch 22, 2019
After 12 Losses, Will Madoff Customers Stop Pursuing Claims Belonging to the Estate?
New York district judge is the most recent court to uphold an injunction implementing a $7.2 billion Madoff settlement.
2nd Circuit, New York, New York Southern DistrictMarch 21, 2019
Tardy Recordation of a Mortgage Not Salvaged by Relation-Back Arguments
A mortgage recorded more than 30 days after closing resulted in a transfer within the preference window.
11th Circuit, Georgia, Georgia Northern DistrictMarch 20, 2019
An Adroitly Drafted Makewhole Is Allowable in Bankruptcy, New York Judge Says
Judge Bernstein distinguishes a Second Circuit opinion to rule that a makewhole premium is allowable in bankruptcy.
2nd Circuit, New York, New York Southern DistrictMarch 20, 2019
Nonjudicial Foreclosure Is Not Subject to the FDCPA, Supreme Court Rules
Supreme Court says that activities not required by state law in nonjudicial foreclosure may be covered by the FDCPA.
Supreme CourtMarch 19, 2019
The Rule 3001(f) Presumption of Claim Validity Doesn’t Include the Value of Collateral
California judge differs with the Third Circuit regarding the presumption of collateral value flowing from a lender’s proof of secured claim.
9th Circuit, California, California Eastern DistrictMarch 18, 2019
Seventh Circuit Bars Chapter 13 Plan from Conferring Immunity from Traffic Tickets
Judge Easterbrook pens another gem. Even if you don’t like the result, you gotta like the language.
7th Circuit