Collateral Estoppel Can Bar Use of Federal Rule 45 to Quash a Subpoena, Circuit Says
Third Circuit says: You can object to a Rule 2004 discovery motion or move to quash a subpoena under Federal Rule 45, but not both.
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Bankruptcy Courts Have ‘Core’ Power to Order Fee Disgorgement, Third Circuit Says
Being seen at bar events in the company of those who appear in court doesn’t show judicial bias.
Third Circuit Rejects Triangular Setoffs and Adopts Rationale by Judge Shannon
A triangular setoff valid under state law does not satisfy the mutuality requirement in Section 553(a).
Third Circuit Upholds Equitable Mootness over a Dissent
Dissenter would have upheld horizontal gifting on the merits.
Third Circuit Finds Constitutional Power to Grant Releases in Confirmation Orders
Third Circuit emphasizes the limitation of nonconsensual, third-party releases to ‘exceptional’ cases.
Third Circuit Explains When Sale Orders Are Not Automatically Moot
Section 363(m) allows an appeal if the remedy won’t upset the sale itself, Third Circuit says.
Judge Name - Do not use it.
Kent A. Jordan
Written Motions to Adjourn Foreclosure Do Not Violate the Stay, Circuit Says
Causing a debtor to incur cost isn’t necessarily a stay violation in the Third Circuit.
Judge Name - Do not use it.
Kent A. Jordan