May 17, 2023
The Supreme Court ducked the question of whether Puerto Rico and other U.S. territories are entitled to Eleventh Amendment sovereign immunity just like states.
March 3, 2023
Federal courts have no jurisdiction to review decisions by Puerto Rico’s Oversight Board regarding the reduction of pension benefits.
July 21, 2022
Splitting with the Ninth Circuit, the First Circuit holds that claims under the Takings Clause cannot be discharged in a municipal bankruptcy.
May 24, 2022
Dissenter implies that the First Circuit should sit en banc and rule that the Oversight Board’s sovereign immunity was not waived
May 23, 2022
First Circuit won’t allow artful pleading to avoid the automatic stay in municipal bankruptcies.
May 5, 2022
Federal preemption allowed rejection of the defined benefit pension plan for Puerto Rico’s teachers.
August 16, 2021
Here’s an example of how state law prevents bankruptcy law from being uniform throughout the U.S.
March 9, 2021
Constitutional arguments don’t entitle the creditor to stay relief.
November 30, 2020
Cutting off post-petition liens under PROMESA did not violate the Takings Clause.
June 1, 2020
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.