Practice and Procedure

Benchnotes October 2023

Oct 2023

Lights, Camera, All Rise

Nov 2023

Fifth Circuit Adheres to ‘Person Aggrieved’ for Appellate Standing in Bankruptcy

Bankruptcy courts can have subject matter jurisdiction to approve settlements between nondebtors.

Default Rates Imposed Before Filing Must Be Cured to Assume a Loan Agreement

Monetary defaults, including default rates and fees, must be cured before a debtor may assume a loan agreement, New York’s Judge Bentley rules.

J&J’s ‘Baby Powder’ Chapter 11 Case Dismissed a Second Time: No Financial Distress

Bound by the Third Circuit’s first LTL decision, the bankruptcy court found that LTL’s rejiggered second filing suffered from the same defect: no immediate financial distress.

Ethical Implications on the Use of AI in Legal Practice

What the Heck Is That Supposed to Mean? Contract and Order Drafting Skills, Issues and Mistakes

Government Asks the Supreme Court to Halt Consummation of Purdue’s Chapter 11 Plan

Rebuffed in the Second Circuit, the Solicitor General is asking the Supreme Court to stay issuance of the mandate that would allow Purdue Pharma to consummate its chapter 11 plan.

Ninth Circuit: Trial Subpoenas Can’t Compel Zoom Testimony More than 100 Miles Away

The court’s ability to compel trial testimony by video doesn’t eradicate the 100-mile limitation on issuance of trial subpoenas.