Hot Topics with Bill Rochelle
A RICO Case Shows that Final Fee Allowances Don’t Confer Immunity
The RICO suit by Jay Alix Against McKinsey mostly survived a motion to dismiss.
A Fourth Circuit Dissenter Opposes Mass-Tort Injunctions Protecting Non-Debtors
The Fourth Circuit majority upheld a preliminary injunction barring tort suits against a debtor’s nonbankrupt affiliates following a Texas divisional merger.
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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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Another Circuit Says: Old Bankruptcies Aren’t Grounds for Removal to Federal Court
This month, two circuits found no ‘related to’ bankruptcy jurisdiction for climate-change lawsuits against energy companies.
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