May 29, 2018
Stern Held Inapplicable to Orders Denying Summary Judgment
Delaware district judge explains why Stern doesn’t confer the equivalent of an appeal from an interlocutory order.
3rd Circuit, DelawareMay 25, 2018
Puerto Rico Judge Has a Third Answer to the PROMESA Automatic Stay Question
On tough automatic stay cases, let the PROMESA judge decide.
1st Circuit, Puerto RicoMay 24, 2018
Fifth Circuit Issues a Narrow Opinion Requiring Corporate Authority to File a Petition
The appeals court avoids ruling broadly on the ability of a golden share or blocking provision to bar a company from filing bankruptcy voluntarily.
5th CircuitMay 23, 2018
Parties to a Civil Union Held Eligible to File a Joint Petition
Chicago judge takes stand for the equality of same-sex couples.
7th Circuit, Illinois, Illinois Northern DistrictMay 23, 2018
New Jevic Settlement Fails, Making Supreme Court’s Reversal More Costly
Unlike Rodney Dangerfield, Jevic workers get respect when Delaware judge rejects a new settlement they dislike.
3rd Circuit, DelawareMay 22, 2018
Courts Disagree on When a ‘Med-Mal’ Claim Becomes Estate Property
District and bankruptcy courts reach diametrically different results on identical facts regarding the same defective medical device.
11th Circuit, Georgia, Georgia Northern DistrictMay 21, 2018
Connecticut Judge Takes Sides in a Circuit Split on Trademark License Rejection
A ‘cert’ petition is in the works to resolve the circuit split from Lubrizol regarding the rejection of trademark licenses.
2nd Circuit, ConnecticutMay 18, 2018
Expense Reimbursements Are Included in Calculating Current Monthly Income
Income is included in calculating CMI, even if it’s not ‘stable and regular.’
1st Circuit, MassachusettsMay 17, 2018
District Judges Starkly Disagree on the Scope of the PROMESA Automatic Stay
Can plaintiffs sue Puerto Rico government officials in their individual capacities? Two district judges disagree.
1st Circuit, Puerto RicoMay 16, 2018
‘Exhaustion’ Required Before Nailing the IRS for Discharge Violation Damages
‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.
11th Circuit, Florida, Florida Southern District