August 09, 2016

Two Circuits Tackle Rooker-Feldman in Opinions on the Same Day

Rooker-Feldman, Res Judicata and Issue Preclusion: nearly indistinguishable triplets separated at birth.

8th Circuit

July 25, 2016

Rooker-Feldman Is No Bar to Overruling a State Court on the Automatic Stay

Despite concurrent jurisdiction, courts are split on Rooker-Feldman and the stay.

11th Circuit

July 20, 2016

Two New York Judges Disagree on Anti-Ipso Facto Law and Lehman Flip Clauses

Judge Chapman rejects former Judge Peck’s opinion invalidating flip clauses in swaps.

2nd Circuit

July 15, 2016

Improperly Taking $297.72 Results in $250,000 in Punitive Damages for Stay Violation

Creditor’s unrepentant attitude escalates punitive damages from $33,700 to $250,000.

6th Circuit, Ohio, Ohio Northern District

July 13, 2016

Circuits Now Split on Bankruptcy Jurisdiction over Medicare Disputes

Eleventh Circuit allows the government on its own to shut down a health care provider in chapter 11.

11th Circuit

June 23, 2016

California’s Fee-Shifting Statute Still Does Not Apply to Lift-Stay Motions

District Court says Supreme Court did not impliedly overrule Ninth Circuit’s Johnson decision.

9th Circuit, California, California Northern District

June 20, 2016

Disallowance of Nondischargeable Debt Does Not Bar Later Collection, B.A.P. Says

Eighth Circuit B.A.P. majority allows collection of disallowed priority claims.

8th Circuit

June 17, 2016

New York District Judges Disagree on Arbitrating Violations of the Discharge Injunction

Important bankruptcy class action cases heading for the Second Circuit.

2nd Circuit, New York, New York Southern District

June 03, 2016

Qui Tam Suits Are Exceptions from the Automatic Stay

Automatic stay is no safe harbor from suits under the False Claims Act.

11th Circuit, Florida, Florida Middle District

May 25, 2016

Final Order of Dismissal Makes Other Appeals Constitutionally Moot

Ninth Circuit adopts Eighth Circuit test for constitutional mootness.

9th Circuit