Venue/Jurisdiction

Another Court Limits ‘Related To’ Jurisdiction Based on Indemnification Claims

W.R. Grace makes more law on channeling injunctions.

Section 505(a) Doesn’t Confer Jurisdiction to Determine Amount of a Tax, Circuit Says

Seventh Circuit splits with other circuits on basis for jurisdiction to determine the amount of a tax.

‘Close Nexus’ Test Doesn’t Apply to Liquidating Trusts After Confirmation

‘Conceivable effect’ test for ‘related to’ jurisdiction continues to apply to liquidating trusts after confirmation of a chapter 11 plan.

Immediately Withdrawing the Reference Is ‘Absurd,’ District Judge Says

Defendants in lawsuits by Lehman Brothers are stuck in bankruptcy court until the cases are ready for a jury trial.

Ninth Circuit Sides with the FDIC over Ownership of Tax Refunds

An appeal in the Ninth Circuit did not reach the issue to be decided by the Supreme Court in <em>Rodriguez</em>.

‘Related To’ Jurisdiction Is Measured When the Suit Is Filed, Not Later, Circuit Says

Even though subject matter jurisdiction persists when there is no longer an effect on the estate, the court may exercise discretion to dismiss, the Fifth Circuit says.

Benchnotes October 2019

Oct 2019

How to Decide Where to File — and When to Object to the Chosen Venue

The Finality Countdown: Supreme Court Unlikely to Adopt a “Blanket Rule” for Orders Denying Stay Relief in Jackson Masonry

Oct 2019