Sovereign Immunity Insulates Government from Emotional Distress Claims
Section 106’s sovereign immunity waiver is not clear enough for emotional distress claims.
Law Professors Disagree on How the Supreme Court Should Decide Jevic on Structured Dismissals
Is there flexibility to depart from bankruptcy priorities? Professors disagree.
Profit-Sharing Clause Unenforceable in a Bankruptcy Lease Auction
Provision depressing debtor’s income at a lease auction is unenforceable under Section 365(f).
No Automatic Right to Appeal Bankruptcy Court Preliminary Injunctions
In one respect, bankruptcy judges have more authority than district judges.
Government’s Common Law Fraud Suit Excepted from Automatic Stay
Automatic stay nonetheless may preclude collecting judgment from estate property.
Arbitration Agreements Held Unenforceable in WARN Act Litigation
Delaware’s Judge Shannon protects workers’ rights, disagreeing with some circuit courts.
Second Circuit Bars Arbitration of Claim Subordination Dispute
Appeals court easily rules against arbitration on a core issue involving priority.
‘Summary Jurisdiction’ Resurrected to Permit Final Order on Property Ownership
Findings of fact determine whether bankruptcy court can enter a final order.