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ABI Journal

March 07, 2018

California Supreme Court Kills the Jewel Doctrine on a Certified Question

Jewel has now been formally rejected in New York and California. Washington, D.C. is next.

9th Circuit, California

March 06, 2018

Kentucky Judge Refuses to Approve a ‘No Seal, No Deal’ Settlement

The parties’ wishes are insufficient to justify sealing.

6th Circuit, Kentucky, Kentucky Eastern District

March 05, 2018

Supreme Court Says Insider Status Is Reviewed for Clear Error Under Existing Test

Some justices are critical of the existing test for ruling on non-statutory insider status.

Supreme Court

February 28, 2018

Delaware Judge Nixes the Notion of Implied Assumption of Executory Contracts

An asset purchaser cannot escape liability for appropriating the benefits of a contract that was not assumed and assigned.

3rd Circuit, Delaware

February 27, 2018

Ninth Circuit BAP Backs Away from Automatic Dismissal of ‘Marijuana’ Cases

Debtor must violate criminal law to justify dismissal, concurring opinion says.

9th Circuit

February 27, 2018

Supreme Court Narrowly Interprets the Safe Harbor, Overrules the Majority of Circuits

Intermediate transfers to financial institutions do not trigger the safe harbor.

Supreme Court

February 26, 2018

En Banc, Ninth Circuit Holds: Only ‘True Sales’ of Receivables Comply with PACA

Ninth Circuit reverses its own precedent and eliminates a circuit split by favoring farmers.

9th Circuit

February 23, 2018

Solvency May or May Not Result in Dismissal

The Fourth Circuit and a Delaware bankruptcy judge reach opposite conclusions on motions to dismiss petitions by solvent debtors.

4th Circuit

February 22, 2018

Consumer Protection Claims by Governments Are Discharged in Chapter 11

Consumer protection claims brought by states are nondischargeable in chapter 11 only when the state has been the target of fraudulent representations.

3rd Circuit, Delaware