3rd Circuit

Marrying an Adversary Doesn’t Mean Disqualification, Third Circuit Says

Following the Model Rules and erecting ethical screens allows adversary lawyers to date and marry.

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Collateral Estoppel Can Bar Use of Federal Rule 45 to Quash a Subpoena, Circuit Says

Third Circuit says: You can object to a Rule 2004 discovery motion or move to quash a subpoena under Federal Rule 45, but not both.

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3rd Circuit

Bankruptcy Courts Always Have Post-Confirmation Jurisdiction for ‘Core’ Matters

The Third Circuit opinion by Thomas Ambro explained that the ‘close nexus’ test does not apply when a post-conformation dispute is ‘core’ or entails enforcing a court order.

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3rd Circuit

A ‘Notwithstanding’ Clause May Not Control a Specific Provision, District Judge Says

An appeal to the Third Circuit may tell us whether a ‘notwithstanding any other provision’ clause really means what it says.

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3rd Circuit

Delaware

Third Circuit Sets the Standard for Qualification of a Future Claimants’ Representative

A representative of future claimants must meet a higher standard than disinterestedness, the Third Circuit said, but technical conflicts may not be disqualifying.

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3rd Circuit

Delaware Judge Approves ‘Uptier’ Financing that Involuntarily Subordinated Debt

Bankruptcy Judge Craig T. Goldblatt declined to interpret an indenture’s ratable treatment clause as anti-subordination in disguise.

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3rd Circuit

Delaware

Delaware Supreme Court: No ‘Insolvency Exception’ for Asset Sales

Delaware corporations must have shareholder approval to sell all or substantially all assets outside of bankruptcy.

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3rd Circuit

Delaware

Judge Walrath Describes Due Diligence to Plead After the Amendment to Section 547(b)

The amendment to Section 547(b) does not require a preference complaint to explain why the defendant doesn’t have affirmative defenses, Judge Walrath says.

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3rd Circuit

Delaware