September 26, 2017

First Circuit Widens a Circuit Split on a Committee’s Intervention Rights

Allowing intervention as of right, First Circuit repudiates its own prior authority as ‘pure dicta.’

1st Circuit

September 08, 2017

PROMESA Didn’t Enjoin Damages Suit Against Puerto Rico Government Official

Courts are reluctant to employ PROMESA as a shield against suits involving government administration.

1st Circuit, Puerto Rico

July 18, 2017

Boston Judge Identifies a Potential Constitutional Infirmity in PROMESA

The automatic stay as applied might sometimes deny constitutional equal protection, judge says.

1st Circuit, Puerto Rico

April 06, 2017

First Circuit Interprets PROMESA’s Automatic Stay Broadly, Reverses District Court

Circuit court bars lawsuit by one Puerto Rico bondholder group against another.

1st Circuit

March 13, 2017

Ninth Circuit Prohibition on Third-Party Injunctions Is Inapplicable in Chapter 9

Third-party injunctions in chapter 9 must be a financial necessity, judge says.

9th Circuit, California

February 22, 2017

Suit for Injunction Held Not to Violate PROMESA, Puerto Rico’s Workout Statute

Automatic stay not violated without an attempt to collect a claim, Puerto Rico Judge holds.

1st Circuit, Puerto Rico

December 29, 2016

Even Without a Mediation Privilege, Mediation Statement Is Protected from Discovery

Work product and opinion privileges protect mediation statement from discovery.

8th Circuit, Missouri, Missouri Western District

November 18, 2016

Puerto Rico Beats Back Another Attack by Holders of Defaulted Bonds

Judge in Puerto Rico is forcing holders of defaulted bonds to negotiate, not litigate.

1st Circuit, Puerto Rico

November 15, 2016

Sixth Circuit Bars Bankruptcy Courts from Enforcing Constitutional Rights in Chapter 9

Barring a city in chapter 9 from turning off the water violates Section 904, Sixth Circuit rules.

6th Circuit

November 09, 2016

PROMESA’s and Bankruptcy Code’s Automatic Stay Are Similar, Not Identical

Temporary diversion of collateral doesn’t require ‘adequate protection,’ Puerto Rico Judge says.

1st Circuit, Puerto Rico