Latent Defects in Medical Devices Don’t Give Rise to Estate Property
Segal v. Rochelle prevented a personal injury claim from becoming estate property.
Bankruptcy Judge Has No Power to ‘Unrefer’ a Suit to District Court
Another New York judge refuses to send a case to Delaware.
Personal Bankruptcy Bars Incarceration, but Not Finding of Civil Contempt
FTC allowed to continue contempt proceedings for failure to pay restitution.
New York Judge Takes Different Approach to Repeat-Filer Automatic Stay Termination
Using a different approach, Judge Grossman agrees with the minority on Section 362(c)(3)(A).
Circuit Split Brewing on Modifying Mortgages on Mixed-Use Properties
Lower courts are tending to disagree with two circuits on Section 1322(b)(2).
Oil & Gas Gathering Agreements Can Be Rejected as Executory Contracts
Pipeline companies strike out again in New York on Texas law question.
Loan Agreement Gives U.S. Court Jurisdiction over Foreign Bank Lender
Few U.S. connections required for ‘specific jurisdiction’ over a foreign lender.
Constructive Trust Theory Fails Without Showing Unjust Enrichment
Parents who benefitted from son’s secret ownership couldn’t claim title.
Judge Punts on How the Rule of Explicitness Survived Adoption of the Code
Circuits split on whether Section 510(b) killed off the exception to the Rule of Explicitness.
Appeals Brewing on Breadth of the Barton Doctrine in the Second Circuit
Will the Second Circuit follow the Ninth with a broad reading of Barton v. Barbour?