Sovereign Immunity Fully Insulates a Tribe from Lawsuits Sovereign immunity protects a tribe even after successful veil piercing. Judge Name - Do not use it. Paul D. Borman Read more about Sovereign Immunity Fully Insulates a Tribe from Lawsuits
Subsequent Transferees Can Be Sued Before Judgment Against the Initial Transferee Circuits are split on requiring a judgment before suing a subsequent transferee. Read more about Subsequent Transferees Can Be Sued Before Judgment Against the Initial Transferee
A Turnover Action Will Suffice if a Transfer Was a ‘Sham,’ Seventh Circuit Says Fraudulent transfer suit isn’t always required to recover fraudulently transferred property. Judge Name - Do not use it. Daniel A. Manion Read more about A Turnover Action Will Suffice if a Transfer Was a ‘Sham,’ Seventh Circuit Says
Third Circuit Pushes Back on Widespread Invocation of Rooker-Feldman A federal court can undermine a state court judgment without offending Rooker-Feldman, Third Circuit says. Judge Name - Do not use it. Morton I. Greenberg Read more about Third Circuit Pushes Back on Widespread Invocation of Rooker-Feldman
Extraterritoriality of Avoiding Powers Goes to the Second Circuit A split of circuits will result if the Second Circuit does not reverse a Madoff decision. Judge Name - Do not use it. Jed Rakoff Read more about Extraterritoriality of Avoiding Powers Goes to the Second Circuit
No Statute of Limitations Bar from Asserting a New Theory of Recovery If a preference theory fails, try fraudulent transfer. Judge Name - Do not use it. Rebecca R. Pallmeyer Read more about No Statute of Limitations Bar from Asserting a New Theory of Recovery
Third Circuit Narrowly Interprets Delaware Fraudulent Transfer Law Venezuela let off the hook for expropriating assets. Judge Name - Do not use it. Marjorie O. Rendell, Thomas I. Vanaskie Read more about Third Circuit Narrowly Interprets Delaware Fraudulent Transfer Law