September 09, 2019

Ninth Circuit Sides with the FDIC over Ownership of Tax Refunds

An appeal in the Ninth Circuit did not reach the issue to be decided by the Supreme Court in <em>Rodriguez</em>.

9th Circuit

August 29, 2019

‘Related To’ Jurisdiction Is Measured When the Suit Is Filed, Not Later, Circuit Says

Even though subject matter jurisdiction persists when there is no longer an effect on the estate, the court may exercise discretion to dismiss, the Fifth Circuit says.

5th Circuit

August 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 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 Circuit

July 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, Delaware

July 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

July 02, 2019

Third Circuit Expands the Flexible Notion of ‘Finality’ on Bankruptcy Appeals

The Third Circuit’s new opinion on ‘finality’ will be cast in doubt depending on how the Supreme Court rules in Ritzen.

3rd Circuit

June 28, 2019

LLC Managers Cannot Jettison Duties of Good Faith and Fair Dealing

Arizona Supreme Court allows LLCs to sue managers and members for violation of fiduciary duties.

June 24, 2019

Supreme Court to Say Whether Puerto Rico Oversight Board Was Constitutionally Appointed

The appeal to the Supreme Court may become moot if the Senate confirms the appointment of the existing members of the Puerto Rico Oversight Board.

Supreme Court

Failure to Appeal Confirmation Bars Claims to Estate Property, Fifth Circuit Holds

A plan’s declaration that disputed property belongs to the debtor’s estate must be challenged before confirmation becomes final.

5th Circuit