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Rochelle's Daily Wire | ABI Exclusive
August 5, 2019
Shareholders Lack Standing to Appeal in Fifth Circuit, District Judge Holds
Reasonableness of breakup fee is measured by the total contract price, not the amount retained by the debtor.
July 25, 2019
Fifth Circuit Bars Creditors’ Own Claims Against Settling Defendants
Fifth Circuit permits bar orders in receiverships while blocking nonconsensual, third-party releases in chapter 11 plans.
July 23, 2019
Delaware District Court Doesn’t Want 2,400 Johnson & Johnson Talcum Powder Suits
The Pacor test for ‘related to’ jurisdiction isn’t so broad when it comes to indemnification agreements.
July 12, 2019
Trustee Allowed to Sue for Fraudulent Transfer on an Unenforceable Contract
Long Island’s Judge Grossman follows the Third Circuit by finding limitations on the Rooker-Feldman doctrine.
New York Eastern District
July 2, 2019
Third Circuit Expands the Flexible Notion of ‘Finality’ on Bankruptcy Appeals
The Third Circuit’s new opinion on ‘finality’ will be cast in doubt depending on how the Supreme Court rules in Ritzen.
June 28, 2019
LLC Managers Cannot Jettison Duties of Good Faith and Fair Dealing
Arizona Supreme Court allows LLCs to sue managers and members for violation of fiduciary duties.
June 24, 2019
Supreme Court to Say Whether Puerto Rico Oversight Board Was Constitutionally Appointed
The appeal to the Supreme Court may become moot if the Senate confirms the appointment of the existing members of the Puerto Rico Oversight Board.
Failure to Appeal Confirmation Bars Claims to Estate Property, Fifth Circuit Holds
A plan’s declaration that disputed property belongs to the debtor’s estate must be challenged before confirmation becomes final.
June 20, 2019
Receiver’s Settlement Powers Aren’t Greater than a Bankruptcy Trustee’s, Circuit Says
Fifth Circuit overturns a settlement that barred officers and directors from accessing insurance policies.
June 13, 2019
A Nonparty’s Bankruptcy Isn’t Providing Ground for Removal to Federal Court
The right of indemnification by a bankrupt isn’t establishing ‘related to’ jurisdiction in federal court.
Pennsylvania Eastern District