Although Interlocutory, Orders Refusing to Compel Arbitration Can Be Appealed
An appeal brewing in West Virginia may give the Fourth Circuit an opportunity to decide when or whether arbitration agreements are enforceable in bankruptcy.
Highland Capital Makes Law Again, This Time on Bankruptcy Appellate Standing
The ‘possibility of harm’ won’t confer bankruptcy appellate standing, the Fifth Circuit says.
First Circuit Says: PROMESA Fiscal Plans Can’t Be Challenged in Federal Court
Federal courts have no jurisdiction to review decisions by Puerto Rico’s Oversight Board regarding the reduction of pension benefits.
First Circuit Writes a Treatise on the Elements of Judicial Estoppel
Disputed facts can defeat invocation of judicial estoppel on summary judgment.
Fourth Circuit Says an Insurer Has No Right to Negotiate an ‘Asbestos’ Plan
The Fourth Circuit wrote a scholarly (and dense) opinion differentiating among bankruptcy standing, bankruptcy appellate standing and constitutional standing.
Eleventh Circuit Explains an Interlocutory Order Can Become ‘Final’ for an Appeal
Federal Rule 41(a)(1)(A) only permits voluntary dismissal of an entire action, not individual claims, the Eleventh Circuit says.
Unlike the Eleventh Circuit, Barton Is Alive and Well in the Fifth Circuit
In a case irreconcilable with two recent opinions from the Eleventh Circuit, the Fifth Circuit invokes Barton to bar a lawsuit against a trustee after the bankruptcy case had been closed.
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