June 16, 2023
The Supreme Court resolved a split of circuits in an opinion that could give support to the notion that arbitration agreements are not enforceable in bankruptcy.
Supreme Court
May 30, 2023
The high court’s ruling on the Takings Clause also seems to mean that real estate tax foreclosures can be avoided as constructively fraudulent transfers.
Supreme Court
May 17, 2023
The Supreme Court ducked the question of whether Puerto Rico and other U.S. territories are entitled to Eleventh Amendment sovereign immunity just like states.
Supreme Court
April 28, 2023
Eighteenth century ‘history and tradition’ might govern the constitutionality of real estate tax foreclosures where the government retains sale proceeds in excess of unpaid taxes.
Supreme Court
April 26, 2023
It appears as though the Supreme Court will decide Lac du Flambeau based entirely on textual analysis of Section 106(a), which does not explicitly abrogate sovereign immunity as to Native American tribes.
Supreme Court
April 19, 2023
The Supreme Court’s MOAC decision contains language casting doubt on the validity of the doctrine of equitable mootness.
Supreme Court
February 23, 2023
The opinion by Justice Barrett largely bases the outcome on the use of the passive voice in Section 523(a)(2)(A).
Supreme Court
January 18, 2023
The high court will decide whether a real estate tax foreclosure can violate the Takings Clause and whether Section 106 abrogates sovereign immunity as to Native American tribes.
Supreme Court
December 08, 2022
Will the Supreme Court add words to Section 523(a)(2)(A) to yield a result that the justices find more palatable?
Supreme Court
December 07, 2022
The justices seem inclined to hold that Section 363(m) is not jurisdictional, if they first decide that the appeal is not moot.
Supreme Court
