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Ethics

11th Circuit May Follow 5th Circuit by Limiting Judicial Estoppel in Bankruptcy

Judge Tjoflat dissents from his own opinion to advocate rehearing en banc.

11th Circuit

First Circuit BAP Sanctions Firm for a Lawyer’s Conduct

Circuits are split on sanctioning a firm under Section 1927 for a lawyer’s conduct.

1st Circuit

Tim Blixseth Making Law on Extended Jailing for Civil Contempt

Is one year’s jailing too long for civil contempt? Evidently not in Montana.

9th Circuit
Montana
Wednesday, February 17, 2016
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Bankruptcy Litigation
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District Judge Puts Limits on Policy Statement in Segal v. Rochelle

Continuing FLSA claims arising after filing are not subject to judicial estoppel.

11th Circuit
Florida
Florida Southern District

Claim Buyer Doesn’t Acquire Seller’s Insider Status, Ninth Circuit Holds

Debtor-friendly opinion validates strategy for cramming down on secured lender.

9th Circuit

FDCPA Held Applicable to Violations of Discharge Injunction

Debtor-friendly FDCPA opinion gains traction beyond the Second Circuit.

11th Circuit
Florida
Florida Middle District

Subjective Bad Faith Alone Is Sufficient to Warrant Dismissal

District judge reads the tea leaves on Second Circuit standard for dismissal.

2nd Circuit
Connecticut

Delaware Judge Categorically Bars All Counsel from Compensation for Defense of Fees

Artful drafting cannot evade ASARCO to reimburse counsel for defense of fees.

3rd Circuit
Delaware

Eighth Circuit Requires Debtors to Disclose Suits Arising after Filing

Disclosing a lawsuit after chapter 13 discharge is too late to avoid judicial estoppel.

8th Circuit
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