Practice and Procedure

Courts Can’t Sanction Debt Collectors for Filing Stale Claims after Midland Funding

The Code or rules must change to bar debt collectors from filing stale claims, Judge Dow says.

Benchnotes November 2017

Nov 2017

Hotcakes and Hot Topics: Judges’ Roundtable Q&A

Avoiding Malpractice and Other Common Pitfalls in a Commercial Restructuring Case

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.