Practice and Procedure

Procedural, Practical and Economic Efficiencies: Rules and Rule Changes to Reflect Current Realities and Potential Ethical Landmines

Discovery Skills in Consumer Cases

Judge Predicts Seventh Circuit Wouldn’t Halt Earplug Lawsuits Against Nondebtor 3M

Judge Graham in Indianapolis sees the Seventh Circuit as interpreting ‘related to’ jurisdiction narrowly and not inclined to halt lawsuits against nondebtors without a direct effect on the bankrupt estate.

Collateral Estoppel Can Bar Use of Federal Rule 45 to Quash a Subpoena, Circuit Says

Third Circuit says: You can object to a Rule 2004 discovery motion or move to quash a subpoena under Federal Rule 45, but not both.

Solvent Debtor’s Unimpaired Creditors Get Higher Interest Rate, Ninth Circuit Says

Dissenter in the Ninth Circuit would have held that unimpaired creditors of a solvent debtor get no interest whatsoever, although impaired creditors are entitled to interest.

Benchnotes October 2022

Oct 2022

Bankruptcy Judge Finds Liability for a Municipality’s Denial of Due Process Rights

A local government removed a lawsuit to bankruptcy court, but the bankruptcy judge turned around and slam-dunked the government for violating the plaintiff’s Fourteenth Amendment rights.

How Sellers of Intangible Assets Can Benefit from Bespoke Auction Design

Nov 2022