First Circuit Writes a Treatise on the Elements of Judicial Estoppel
Disputed facts can defeat invocation of judicial estoppel on summary judgment.
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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.
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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.
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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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ABI Talks: Chapter 11 Cases of Interest
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Burford Abstention Can Apply in Bankruptcy Alongside Abstention in 28 U.S.C. § 1334(c)
Interference with state regulators can compel a bankruptcy court to abstain, even if abstention was not required under 28 U.S.C. § 1334(c).
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