Dec 2022
July 2022
Dissenter implies that the First Circuit should sit en banc and rule that the Oversight Board’s sovereign immunity was not waived
Over a vigorous dissent, the First Circuit Joins the Ninth Circuit by holding that Section 106(a) waives tribes’ sovereign immunity.
The circuits are now split 2/1 on the waiver of sovereign immunity under Section 544(b) for lawsuits by a trustee based on claims that could have been made by an actual creditor.