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3rd Circuit

Third Circuit Explores the Limits of Channeling Injunctions Protecting Insurers

Caution: Do not use heavy machinery. Reading this story may induce drowsiness.
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FDCPA Applies to Debt Collectors Even if They Own the Debt

Thomas Ambro on the Third Circuit answers a question the Supreme Court left open in <em>Henson v. Santander</em>.
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Punitive Damages under Section 303(i) Can’t Be Offset, Third Circuit Says

One involuntary petition dismissed in bankruptcy court has now spawned three important opinions at the circuit level.
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Retention of Jurisdiction Beats Out an Arbitration Agreement, Third Circuit Says

Court retains adjudicatory power unless the arbitration agreement applies to all disputes.
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Delaware District Judge Defines ‘Unfair Discrimination’ in Cramdown

A $30 million haircut is not ‘unfair discrimination’ to preclude cramming down a plan.
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Delaware’s Judge Sontchi Writes a Seminal Opinion on Sovereign Immunity

A bankruptcy court’s in rem jurisdiction overrides a claim of sovereign immunity.
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Bankruptcy Code Preempts State Law Invalidating KERPs, Delaware Judge Says

A waiver in a KERP is enforceable even if it violates state labor law, Judge Carey rules.
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Stern Held Inapplicable to Orders Denying Summary Judgment

Delaware district judge explains why Stern doesn’t confer the equivalent of an appeal from an interlocutory order.
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New Jevic Settlement Fails, Making Supreme Court’s Reversal More Costly

Unlike Rodney Dangerfield, Jevic workers get respect when Delaware judge rejects a new settlement they dislike.
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Accelerating Payments Defeats the ‘Ordinary Course’ Defense

Payments made after threats and demands are not eligible for the ‘ordinary course’ preference defense.
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