Rooker-Feldman Is No Bar to Overruling a State Court on the Automatic Stay
Despite concurrent jurisdiction, courts are split on Rooker-Feldman and the stay.
Improperly Taking $297.72 Results in $250,000 in Punitive Damages for Stay Violation
Creditor’s unrepentant attitude escalates punitive damages from $33,700 to $250,000.
Standards Governing Judicial Estoppel Appeals Are Debated in the D.C. Circuit
Majority in D.C. Circuit are flexible on judicial estoppel summary judgment motions.
Eleventh Circuit Requires Punctilious Proof to Enforce Arbitration Agreement
Circuit court rules on grounds less favorable for the debtor than the district judge’s.
Creditors Lack Standing to Appeal in ‘No Asset’ Cases
Sometimes only priority creditors will have standing to appeal, Seventh Circuit says.
Tenth Circuit Examines Three Versions of Appellate Mootness
Good faith finding is required before dismissal of an appeal under Section 363(m).
District Court Not Bound by Unopposed Objections to Proposed Findings and Conclusions
Fifth Circuit liberates district judges in adopting or rejecting bankruptcy court’s proposed rulings.
Complex Litigation Can Beat a Valid Forum Selection Clause
Enforcement of a forum selection clause is sometimes not mandatory, Delaware judge says.
Denial of Settlement Is Not Final and Not Appealable, Sixth Circuit Holds
Supreme Court’s Bullard opinion implies that denials of settlements are not appealable.
Cover Sheet Is No Substitute for Filing a Complaint
Kansas judge strictly enforces rules on filing dischargeability complaints.