Practice and Procedure

Temporary Allowance Under Rule 3018(a): Patterns and Precepts

Oct 2022

No De Novo Review of Discovery Sanctions After the Reference Is Withdrawn

An adverse inference sanction for spoliation of evidence is reviewed for abuse of discretion by the district court after withdrawal of the reference.

FERC Strikes Out a Third Time in the Fifth Circuit on Rejecting Power Contracts

FERC tried the patience of the Fifth Circuit by arguing again that the agency can bar a chapter 11 debtor from rejecting a filed-rate contract.

Judicial Merry-Go-Round

The Neuroscience of Addiction and Updates on Addiction Treatments

Pitch Perfect: Various Perspectives on How to Get the Gig

Rule 11 Motion for Sanctions May Be Filed After Final Judgment, Eleventh Circuit Says

A motion for sanctions may be filed after judgment, as long as the 21-day safe harbor has elapsed before judgment.

Change in Decisional Law Requires Plan Amendment in One Year, Seventh Circuit Says

To take advantage of a change in decisional law, a plan must be modified within the time limits imposed by Federal Rule 60(c), the Seventh Circuit says.

Representing a Debtor or Creditor in a Bankruptcy Proceeding? It’s an Ethical Minefield Either Way! Part I