Venue/Jurisdiction

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Please note that in order to view the content for the Committee Articles and Announcements you must either sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Target of Lawsuit Doesn’t Have Standing to Appeal a Litigation Funding Agreement

The Eleventh Circuit explained how prudential (or ‘person aggrieved’) standing is a higher standard more difficult to meet than constitutional (or ‘Article III’) standing.
Court: 

Texaco’s Plan in 1988 Wasn’t Grounds for Removal to Federal Court, Fourth Circuit Says

In a case that may be headed to the U.S. Supreme Court at least once more, the Fourth Circuit is subjecting 26 multinational oil companies to the tender mercies of the Maryland state courts.
Court: 

Supreme Court Rules Again on Arbitration, Saying Nothing Explicitly About Bankruptcy

The Supreme Court is still giving no hints about whether arbitration agreements are enforceable in bankruptcy cases.

A Contempt Finding that’s Not ‘Final’ Can’t Be Appealed, Second Circuit Says

A prevailing party can’t appeal arguably erroneous findings.
Court: 

Defamation and IIED Claims Are Not ‘Personal Injury Torts’

Section 157(b)(5) does not bar the bankruptcy court from trying defamation and IIED claims, Judge Thuma says, siding with Judge Bernstein.

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