Venue/Jurisdiction

Delaware District Judge Issues Important Opinion on Third-Party Releases

Bankruptcy courts can’t issue final orders approving third-party releases in chapter 11 plans.

Tribal Sovereign Immunity from Preference Claims

July 2017

Effective Appeal of Exclusivity Orders Under 28 U.S.C. § 158(a)(2)

June 2017

False Claims Suits by Governments Are Not Halted by Bankruptcy

Bankruptcy court held to lack exclusive jurisdiction over exceptions to the automatic stay.

Appealing Positions: Everything You Need to Know About Appeals

"Shark Tank"

Secured Creditors Need Not File Claims in Federal Receiverships, Circuit Holds

Opinion overlooks administrative problems when secured creditors don’t file claims.

Loan Agreement Gives U.S. Court Jurisdiction over Foreign Bank Lender

Few U.S. connections required for ‘specific jurisdiction’ over a foreign lender.

Benchnotes April 2017

April 2017

Judge Neil M. Gorsuch: A Writer in the Style of Judges Easterbrook and Posner

Like late Justice Antonin Scalia, Judge Gorsuch is no fan of Dewsnup v. Timm.