Practice and Procedure

Ninth Circuit Splits with Seventh on Sovereign Immunity and Derivative Suits by a Trustee

Ninth Circuit criticizes the Seventh for making the sovereign immunity waiver meaningless for Section 544(b)(1) suits.

Case Administration in the 21st Century: How to Use Tech to Run Cases More Efficiently

Technology in the Courtroom

Ninth Circuit Demands Amended Schedules to Avoid Judicial Estoppel

Dissenter argues that suing in bankruptcy court was sufficient disclosure to avoid judicial estoppel.

Eighth Circuit Broadly Interprets the FDCPA to Protect Consumers

The Eighth Circuit bars clever litigation tactics designed to evade the FDCPA on suits to collect time-barred claims.

Defamation Claim Is Not a Personal Injury Tort, New York Judge Rules

California’s anti-SLAPP statute is substantive, but not entirely enforceable in federal court.

No Contempt on Discharge Violation of Nondischargeable Debt, Circuit Says

Eighth Circuit says orders reducing nondischargeable claims may not be binding on the creditor.

If Jevic Is Your Problem, Litigation Finance Might Be Your Solution

Nov 2017

Second Circuit Upholds Denial of Arbitration in the Bankruptcy Context

Second Circuit holds a dress rehearsal for a major arbitration decision.