Insurance

Second Circuit Doesn’t Compel a Liquidating Trustee to Arbitrate with an Insurer

Following the Supreme Court’s Morgan v. Sundance, the appeals court interpreted an arbitration agreement like any other contract, with no policy favoring arbitration over litigation.

An Overview of D&O Insurance and Its Applicability in Bankruptcies

June 2025

Sex Abuse Victims to Have a Private Conference with the Judge and the Catholic Bishop

Bankruptcy Judge Christopher Klein said it was ‘nonsense’ to argue that ‘a Bankruptcy Court lacks authority to permit survivor statements to be made to the Court and to the Bishop.’

Barton Halted Third Parties from Suing in an Allegedly Better Forum

When third parties sued a trust created by a confirmed chapter 11 plan, Judge Garrity declined to invent any new exceptions to the Barton doctrine.

In ‘363’ Sales, Three Courts Say Purdue Doesn’t Bar Injunctions Protecting Buyers

For a sale ‘free and clear,’ nondebtors can be enjoined from suing.

Mass Tort Bankruptcy Settlements in Purdue’s Wake

March 2025

The Supreme Court Has Ruled, Twice!