April 18, 2024
Three Eleventh Circuit Judges would have their appeals court sit en banc to stop dismissing for lack of standing when dismissal should be resulting from failure to state a claim under state law.
April 09, 2024
The Fifth Circuit dissenter says that the majority set aside findings of fact without showing them to be clearly erroneous.
April 05, 2024
The district court properly reversed and dismissed for lack of subject matter jurisdiction under Barton.
April 03, 2024
With two federal statutes in conflict, Delaware’s Judge Goldblatt found a rebuttable presumption in favor of enforcing arbitration.
March 28, 2024
Affirming the BAP, the Ninth Circuit explains why a Subchapter V trustee in possession is not a receiver.
March 25, 2024
The unanimous decision on March 19 by Justice Gorsuch contains language that could be used on both sides of the argument about the validity of equitable mootness.
March 22, 2024
A creditor’s actual knowledge that a bankruptcy case exists isn’t enough for the creditor to be bound by a plan injunction, Delaware’s Judge Silverstein says.
March 20, 2024
The Seventh Circuit adopted a broad reading of the Section 546(e) safe harbor to dismiss a fraudulent transfer suit attacking a sale of nonpublic securities.
March 19, 2024
The Supreme Court’s narrowing of Rooker-Feldman is showing up in circuit court opinions.
March 18, 2024
A 14-day stay under Rule 7062 might have saved the chapter 13 debtor’s right to dismiss under Section 1307(b).