Like the Second Circuit, Florida Judge Bars Arbitrating a Class Suit for Discharge Violations
Supreme Court’s subsequent Epic decision casts doubt on opinions overriding arbitration agreements in the bankruptcy context.
Puerto Rico Judge Has a Third Answer to the PROMESA Automatic Stay Question
On tough automatic stay cases, let the PROMESA judge decide.
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Benchnotes July 2018
Journal Issue:
Connecticut Judge Takes Sides in a Circuit Split on Trademark License Rejection
A ‘cert’ petition is in the works to resolve the circuit split from Lubrizol regarding the rejection of trademark licenses.
Court:
District Judges Starkly Disagree on the Scope of the PROMESA Automatic Stay
Can plaintiffs sue Puerto Rico government officials in their individual capacities? Two district judges disagree.
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Puerto Rico’s District Courts Differ on the Automatic Stay Under PROMESA
Caselaw is evolving on the applicability of the automatic stay to ordinary litigation against Puerto Rico and its governmental officials.
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Violation of Discharge Is Now Difficult to Prove in the Ninth Circuit
An unreasonable but good faith, subjective belief that there is no injunction bars a finding of contempt in the Ninth Circuit.
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Benchnotes June 2018
Journal Issue:
Chicago Wins One Round in Battle over Parking Tickets
The battle continues in Chicago over using chapter 13 to beat parking tickets.