Long Island’s Judge Grossman follows the Third Circuit by finding limitations on the Rooker-Feldman doctrine.
Fifth Circuit generally holds that heightened pleading standards in Rule 9(b) do not apply to claims that don’t rely on fraudulent activity, even though the overall scheme may be fraudulent.
Having previously made an ‘Erie’ guess finding no good faith defense to a fraudulent transfer, the Fifth Circuit now certifies the issue to the Texas Supreme Court.
Discretionary bonuses by an insolvent employer are not automatically fraudulent transfers, Judge Silverstein says.
Following dicta in Bellingham, Judge Collins finds no power to enter a final order in a fraudulent transfer suit against a defendant who did not consent.