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ABI Journal

Practice and Procedure

Standards Governing Judicial Estoppel Appeals Are Debated in the D.C. Circuit

Majority in D.C. Circuit are flexible on judicial estoppel summary judgment motions.

Wednesday, July 13, 2016
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Eleventh Circuit Requires Punctilious Proof to Enforce Arbitration Agreement

Circuit court rules on grounds less favorable for the debtor than the district judge’s.

Circuits Now Split on Bankruptcy Jurisdiction over Medicare Disputes

Eleventh Circuit allows the government on its own to shut down a health care provider in chapter 11.

Creditors Lack Standing to Appeal in ‘No Asset’ Cases

Sometimes only priority creditors will have standing to appeal, Seventh Circuit says.

Tenth Circuit Examines Three Versions of Appellate Mootness

Good faith finding is required before dismissal of an appeal under Section 363(m).