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

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

Creditors Lack Standing to Appeal in ‘No Asset’ Cases

Sometimes only priority creditors will have standing to appeal, Seventh Circuit says.

7th 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

July 06, 2016

Marijuana Advisors Are Not Precluded from All Relief in Bankruptcy Courts

Ninth Circuit B.A.P. shows sympathy for legal marijuana businesses.

9th Circuit

July 01, 2016

Complex Litigation Can Beat a Valid Forum Selection Clause

Enforcement of a forum selection clause is sometimes not mandatory, Delaware judge says.

3rd Circuit, Delaware

June 29, 2016

Denial of Settlement Is Not Final and Not Appealable, Sixth Circuit Holds

Supreme Court’s Bullard opinion implies that denials of settlements are not appealable.

6th Circuit