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ABI Journal

April 13, 2022

Texaco’s Plan in 1988 Wasn’t Grounds for Removal to Federal Court, Fourth Circuit Says

In a case that may be headed to the U.S. Supreme Court at least once more, the Fourth Circuit is subjecting 26 multinational oil companies to the tender mercies of the Maryland state courts.

4th Circuit

April 06, 2022

Supreme Court Rules Again on Arbitration, Saying Nothing Explicitly About Bankruptcy

The Supreme Court is still giving no hints about whether arbitration agreements are enforceable in bankruptcy cases.

Supreme Court

April 04, 2022

A Contempt Finding that’s Not ‘Final’ Can’t Be Appealed, Second Circuit Says

A prevailing party can’t appeal arguably erroneous findings.

2nd Circuit

March 24, 2022

Defamation and IIED Claims Are Not ‘Personal Injury Torts’

Section 157(b)(5) does not bar the bankruptcy court from trying defamation and IIED claims, Judge Thuma says, siding with Judge Bernstein.

10th Circuit, New Mexico

March 11, 2022

California Judge Splits with his BAP; Subpoenas Require Court Approval Under Barton

Someone seeking to issue a subpoena to a trustee is the proper party to seek leave under the Barton doctrine, Judge Clarkson says.

9th Circuit, California, California Central District

March 10, 2022

Denial of Stay Modification Without Prejudice Can Be Final, Ninth Circuit Says

The Ninth Circuit answered a question left open by the Supreme Court in Ritzen.

9th Circuit

March 04, 2022

Eleventh Circuit Again Predicted to Split with the Second Circuit on Foreign Recognition

Florida district judge explains why a foreign debtor isn’t required to have a presence in the U.S. before the debtor’s foreign representatives can win recognition under chapter 15.

11th Circuit, Florida, Florida Middle District

February 24, 2022

Disregarding Scheduling Orders Can Waive Jury Trials and Objections to Final Orders

Sometimes, demanding a jury trial in answering a complaint comes too late to withdraw the reference.

11th Circuit, Florida, Florida Southern District

February 18, 2022

Someone Defending an Appeal Isn’t Required to Show ‘Standing,’ Fifth Circuit Says

To satisfy Article III, an appellee need only have ‘concrete adverseness’ and an ongoing interest in the dispute.

5th Circuit

February 16, 2022

Consent Orders Strictly Enforced in the Fifth Circuit, Even if the Result Is Unreasonable

Although averse to third-party releases in chapter 11 plans, the Fifth Circuit will allow bankruptcy courts to enforce releases given by one third party to another.

5th Circuit