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    Equitable mootness: concurring opinions in conflict
    2015-08-31

    On August 4, 2015, we posted: “Equitable Mootness In The Third Circuit: Dead Or Alive?”, which analyzed the Third Circuit’s opinion in In re One2One Communications.   The post predicted that Judge Krause’s concurrence would likely result in further opinions on equitable mootness.  Less than a month later we have such an opinion.  InAurelius v. Tribune, 14-3332 (3d Cir.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Concurring opinion
    Authors:
    Maxwell Tucker
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Did Justice Thomas foreshadow the downfall of Obamacare in Baker Botts?
    2015-06-16

    By no means do we think that we might reliably predict the outcome of such a politically charged case as King v. Burwell, No. 14-114, the latest challenge to the Affordable Care Act.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Foley & Lardner LLP, Concurring opinion, Affordable Care Act 2010 (USA)
    Authors:
    Eric G. Pearson
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Equitable mootness: concurring opinions in conflict
    2015-08-31

    On August 4, 2015, we posted: “Equitable Mootness In The Third Circuit: Dead Or Alive?”, which analyzed the Third Circuit’s opinion in In re One2One Communications.   The post predicted that Judge Krause’s concurrence would likely result in further opinions on equitable mootness.  Less than a month later we have such an opinion.  InAurelius v. Tribune, 14-3332 (3d Cir.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Concurring opinion
    Authors:
    Maxwell Tucker
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Precautionary measures in bankruptcy proceedings
    2008-07-03

    In its decision dated November 13th 2007, Madrid’s Provincial Court accepted the appeal against a decision delivered by Madrid´s Mercantile Court (number 6), which denied the adoption of civil precautionary measures, which were requested together with an action for joint and several liability against the administrators of Afinsa.

    The precautionary measure requested was the preventive freezing of assets from the administrators in order to prevent possible concealment actions.

    Filed under:
    Spain, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Credit (finance), Adoption, Concurring opinion, Joint and several liability
    Location:
    Spain
    Firm:
    Squire Patton Boggs
    Vesting orders revisited: so just how broad is that vesting order?
    2008-04-30

    Ontario Courts are routinely faced with requests for Approval and Vesting Orders in connection with asset acquisitions made in the context of receivership proceedings or proceedings under the Companies’ Creditors Arrangement Act ("CCAA"). Purchasers’ counsel who routinely seek these Orders for their clients seek to insulate their clients from claims made by third parties arising from the purchasers’ acquisition of the assets through the insolvency proceedings.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Property tax, Concurring opinion, Vesting, Prejudice, Companies' Creditors Arrangement Act 1933 (Canada), Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP

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