July 15, 2016

Ninth Circuit to Rehear Case Denigrating the Status of Bankruptcy Appellate Panels

Ninth Circuit will decide en banc whether BAPs were “established” by Congress.

9th Circuit

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 14, 2016

Standards Governing Judicial Estoppel Appeals Are Debated in the D.C. Circuit

Majority in D.C. Circuit are flexible on judicial estoppel summary judgment motions.

D.C. Circuit

Delaware’s Judge Gross Differs with Second Circuit on the Safe Harbor

Judge Gross finds Judge Gerber in Lyondell more persuasive than the Second Circuit in Tribune.

3rd Circuit, Delaware

Second Circuit Drubs New GM on Successor Liability for Ignition Switch Defects

Due process failure exposes New GM to liabilities for Old GM’s conduct.

2nd Circuit

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

Eleventh Circuit Requires Punctilious Proof to Enforce Arbitration Agreement

Circuit court rules on grounds less favorable for the debtor than the district judge’s.

11th Circuit

July 12, 2016

Circuits Starkly Split on Filing Time-Barred Claims as Violations of the FDCPA

Eighth Circuit says bankruptcy adequately protects debtors from assertion of stale claims.

8th Circuit

July 08, 2016

Tenth Circuit Examines Three Versions of Appellate Mootness

Good faith finding is required before dismissal of an appeal under Section 363(m).

10th Circuit

July 07, 2016

District Court Not Bound by Unopposed Objections to Proposed Findings and Conclusions

Fifth Circuit liberates district judges in adopting or rejecting bankruptcy court’s proposed rulings.

5th Circuit