August 20, 2019
District Court Overrides Arbitration on Disputes Regarding Defective Proofs of Claim
Someday, the Supreme Court will decide whether bankruptcy has an exemption from arbitration not available in ordinary commercial litigation.
August 14, 2019
Default Judgments Are (Sometimes) Nondischargeable Under Issue Preclusion
If the parties litigate but the defendant eventually defaults, the default judgment can result in nondischargeability via issue preclusion, Eleventh Circuit holds.
11th CircuitAugust 12, 2019
In a Bankruptcy Sale, ‘Takings’ Claims Kick in Early
Federal Circuit upholds dismissal of regulatory ‘takings’ claims against New GM.
Federal CircuitAugust 06, 2019
First Circuit Puerto Rico Bondholder Opinion Is Primed for Certiorari
Dissenter in the First Circuit recommends that the Supreme Court hear and reverse an opinion allowing Puerto Rico to withhold payments from bondholders.
1st CircuitAugust 05, 2019
Shareholders Lack Standing to Appeal in Fifth Circuit, District Judge Holds
Reasonableness of breakup fee is measured by the total contract price, not the amount retained by the debtor.
July 31, 2019
Losing Competitive Advantage Doesn’t Justify Redacting a Settlement Agreement
Judge Garrity in New York adopts a narrow view of ‘commercial information’ that may be redacted in a court filing.
2nd Circuit, New York, New York Southern DistrictJuly 25, 2019
Fifth Circuit Bars Creditors’ Own Claims Against Settling Defendants
Fifth Circuit permits bar orders in receiverships while blocking nonconsensual, third-party releases in chapter 11 plans.
5th CircuitJuly 23, 2019
Delaware District Court Doesn’t Want 2,400 Johnson & Johnson Talcum Powder Suits
The Pacor test for ‘related to’ jurisdiction isn’t so broad when it comes to indemnification agreements.
3rd Circuit, DelawareJuly 15, 2019
Ninth Circuit BAP Allows a Complaint to Revoke Discharge After 180 Days
The Ninth Circuit BAP follows a Pennsylvania bankruptcy court decision with facts more similar than those in Ninth Circuit precedent.
9th CircuitJuly 12, 2019
Trustee Allowed to Sue for Fraudulent Transfer on an Unenforceable Contract
Long Island’s Judge Grossman follows the Third Circuit by finding limitations on the Rooker-Feldman doctrine.
2nd Circuit, New York, New York Eastern District