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ABI Journal

Practice and Procedure

The Eleventh Circuit Rails Against ‘Prudential Standing’

Three Eleventh Circuit Judges would have their appeals court sit en banc to stop dismissing for lack of standing when dismissal should be resulting from failure to state a claim under state law.

07
July
2025
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07
July
2025
Please note that in order to view the content for the Bankruptcy Headlines you must either Sign in if you are already an ABI member, or otherwise you may Become an ABI Member
07
July
2025
Please note that in order to view the content for the Bankruptcy Headlines you must either Sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Fifth Circuit Vacates $240,000 in Sanctions for Being Criminal, Not Civil, Contempt

The Fifth Circuit dissenter says that the majority set aside findings of fact without showing them to be clearly erroneous.

07
July
2025
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Barton Doctrine Protected a Receiver from an Automatic Stay Violation

The district court properly reversed and dismissed for lack of subject matter jurisdiction under Barton.