Practice and Procedure

District Court Orders Arbitration of All Noncore Claims, Reversing the Bankruptcy Court

Absent ‘concerns peculiar to bankruptcy’ when there is an arbitration clause, the district court followed Henry Schein by saying that the bankruptcy court should have allowed arbitrators to decide which claims are arbitrable, or not.

Fifth Circuit Reaffirms the Use of ‘Gatekeeping’ Orders

As a follow-up to Highland Capital Management, the Fifth Circuit explained when gatekeeping orders are appropriate.

10th Circuit BAP Judges Survey the Appealability of Contempt Orders and Sanctions

The BAP judges disagreed over whether the amount of sanctions had to be fixed before there could be an appeal from an order declaring that the injured party was entitled to an award of attorneys’ fees for the contemnor’s contempt.