Venue/Jurisdiction

‘Person Aggrieved’ for Appellate Standing Test May Have Died, but May Be Resurrected

Sixth Circuit judges wrote 17 pages of dicta to muse on whether the ‘person aggrieved’ test for appellate standing died with the adoption of the Bankruptcy Code but remains good law under the ‘zone-of-interests’ test.

Zero Days Since the Last Injury: Estimating Personal-Injury and Wrongful-Death Claims

July 2023

Ninth Circuit BAP Rules on a Question to Be Decided Soon by the Supreme Court

Like the question in MOAC to be decided soon by the Supreme Court, the BAP says that the qualifications for an involuntary petitioner are not jurisdictional and can be waived.

Current Events with Bill Rochelle (and Guests!)

Bankruptcy Venue Reform Is Back Before Congress — Again

May 2023

Although Interlocutory, Orders Refusing to Compel Arbitration Can Be Appealed

An appeal brewing in West Virginia may give the Fourth Circuit an opportunity to decide when or whether arbitration agreements are enforceable in bankruptcy.

Highland Capital Makes Law Again, This Time on Bankruptcy Appellate Standing

The ‘possibility of harm’ won’t confer bankruptcy appellate standing, the Fifth Circuit says.

First Circuit Says: PROMESA Fiscal Plans Can’t Be Challenged in Federal Court

Federal courts have no jurisdiction to review decisions by Puerto Rico’s Oversight Board regarding the reduction of pension benefits.

First Circuit Writes a Treatise on the Elements of Judicial Estoppel

Disputed facts can defeat invocation of judicial estoppel on summary judgment.

Fourth Circuit Says an Insurer Has No Right to Negotiate an ‘Asbestos’ Plan

The Fourth Circuit wrote a scholarly (and dense) opinion differentiating among bankruptcy standing, bankruptcy appellate standing and constitutional standing.