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Practice and Procedure

Default Judgments Are (Sometimes) Nondischargeable Under Issue Preclusion

If the parties litigate but the defendant eventually defaults, the default judgment can result in nondischargeability via issue preclusion, Eleventh Circuit holds.

In a Bankruptcy Sale, ‘Takings’ Claims Kick in Early

Federal Circuit upholds dismissal of regulatory ‘takings’ claims against New GM.

First Circuit Puerto Rico Bondholder Opinion Is Primed for Certiorari

Dissenter in the First Circuit recommends that the Supreme Court hear and reverse an opinion allowing Puerto Rico to withhold payments from bondholders.

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.