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ABI Journal

Practice and Procedure

Second Circuit Again Uses ‘Hypothetical Jurisdiction’ to Dodge a Tough Question

Legal malpractice claims can be either tort or contract claims, the Second Circuit explains.

Monday, November 14, 2022
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Monday, November 14, 2022
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Two Circuits Now Require Refunds for Overpayment of U.S. Trustee Fees

The Second Circuit essentially reissued its original decision from last year by again requiring the U.S. Trustee to refund the overpayment of unconstitutional fees.

No Interlocutory Appeal from Madoff Rulings on Suits Against Feeder Fund Customers

Subsequent transferees of Madoff’s fraudulent transfers won’t have an interlocutory appeal from denial of their motions to dismiss.

Thursday, November 10, 2022
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In Mass Tort Cases, New York Judge Permits Redactions of Creditors’ Names

One month apart, two judges in New York differed on the extent to which they permitted redactions of information about creditors, their identities and addresses.