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Venue/Jurisdiction

Eleventh Circuit Finds Discretion to Disregard the Barton Doctrine

Is the Barton doctrine based on a lack of subject matter jurisdiction, or is it a prudential rule?

11th Circuit

A Gaming License Isn’t ‘Property’ and Thus Can’t Be Fraudulently Transferred

A gaming license in Pennsylvania is a revocable ‘privilege.’

3rd Circuit
Pennsylvania
Pennsylvania Eastern District
Wednesday, September 30, 2020
Article Tags
Claims
Bankruptcy Litigation
Corporate Governance
Court Administration
Creditors' Committee
Venue/Jurisdiction
Business Reorganization
Mass Torts
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Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says

Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says

10th Circuit

No ‘Core’ Jurisdiction to Protect Nondebtors with Injunctions, N.Y. District Judge Says

New York district judge differs with the Third Circuit on a bankruptcy court’s constitutional power to issue nondebtor, third-party releases.

2nd Circuit
New York
New York Southern District
Friday, June 19, 2020
Article Tags
Corporate Governance
Court Administration
Practice and Procedure
Professional Compensation/Fees
Valuation
Venue/Jurisdiction
Consumer Bankruptcy
Business Reorganization
Covid19
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Denial of a Claim Doesn’t Divest the Bankruptcy Court of Final Adjudicatory Power

More important law from Madoff: Filing a claim waives the right to a jury trial in district court even if the claim is denied or withdrawn, district judge rules.

2nd Circuit
New York
New York Southern District

Supreme Court Finds No Appointment Clause Violation in Puerto Rico’s Oversight Board

The Supreme Court reversed the First Circuit, which had held that the Oversight Board violated the Appointments Clause because the members were not appointed by the President and confirmed by the Senate.

Supreme Court

Supreme Court Ducks Equitable Mootness and Third-Party Releases

The case from the Third Circuit was not a good vehicle for granting certiorari on either issue, even though there is a circuit split on nonconsensual, third-party releases.

Supreme Court

Blocking Use of “Blocking Rights”

July 2020

Topic Tags
Bankruptcy Litigation
Corporate Governance
Venue/Jurisdiction
Business Reorganization
Covid19
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