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    An Overview of Shotgun Pleadings in the Federal Courts
    2023-08-07

    Advice that may have served House of Pain in their 1992 hit song, “Jump Around,” to “bring a shotgun” to battle likely does not translate well to plaintiffs in federal litigation contemplating bringing a “shotgun” pleading to court. In this article we explore types of shotgun pleadings identified by courts and outline potential responses to a shotgun pleading.

    Shotgun Pleadings and Relationship to the Federal Rules of Civil Procedure

    Filed under:
    USA, Designs and trade secrets, Insolvency & Restructuring, Litigation, Mintz, Fraud, Fiduciary, Federal Rules of Civil Procedure (USA), Defend Trade Secrets Act 2016 (USA), Eleventh Circuit
    Authors:
    Joseph D. Rutkowski , Peter J. Cuomo
    Location:
    USA
    Firm:
    Mintz
    Decision in crucible materials requires preference claims to contain more than just recitations of the code
    2011-08-01

    Summary

    In a 12 page decision signed July 6, 2011, Judge Walrath of the Delaware Bankruptcy Court granted a motion to dismiss, holding that a complaint that sets forth only conclusory allegations parroting the statutory language of the Bankruptcy Code is insufficient. Judge Walrath’s opinion is available here (the “Opinion”).

    Background

    Filed under:
    USA, Delaware, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Debtor, Debt, Constitutional amendment, Title 11 of the US Code, Federal Rules of Civil Procedure (USA), Trustee, United States bankruptcy court
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Amendments To The Federal Rules Of Bankruptcy Procedure Take Effect December 1, 2018
    2018-11-28

    Almost every year amendments are made to the rules that govern how bankruptcy cases are managed — the Federal Rules of Bankruptcy Procedure. The amendments address issues identified by an Advisory Committee made up of federal judges, bankruptcy attorneys, and others. The rule amendments are ultimately adopted by the U.S. Supreme Court and technically subject to Congressional disapproval.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cooley LLP, US Congress, Federal Rules of Civil Procedure (USA), Supreme Court of the United States
    Authors:
    Robert Eisenbach
    Location:
    USA
    Firm:
    Cooley LLP
    11th Cir. Upholds Dismissal, Suggests Sanctions for ‘Shotgun Pleading’
    2018-10-02

    The U.S. Court of Appeals for the Eleventh Circuit recently rejected an attempt by homeowners to collaterally attack a state court mortgage foreclosure judgment, affirming the trial court’s dismissal of an amended complaint with prejudice for failure to state a claim, but on alternative grounds.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Mortgage loan, Foreclosure, Federal Rules of Civil Procedure (USA), Eleventh Circuit
    Authors:
    Hector E. Lora
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Current issues in Chapter 15 discovery
    2018-08-24

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Federal Rules of Civil Procedure (USA)
    Authors:
    Jeffrey A. Liesemer
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered
    The First Circuit Joins Several Other Circuit Courts in Finding That Creditors’ Committees Have an Unconditional Right to Intervene in Adversary Proceedings
    2018-01-23

    On September 22, 2017, the First Circuit Court of Appeals held that § 1109(b) of the Bankruptcy Code (the “Code”) provides a creditors’ committee with an “unconditional right to intervene” in an adversary proceeding.[1]  In reaching this conclusion, the court reversed the District Court for the District of Puerto Rico’s order denying an intervention motion and distinguished its own precedent, on which the District Court had relied.  This decision further bolsters the right of creditors’ com

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Bankruptcy, Federal Rules of Civil Procedure (USA), Second Circuit, Third Circuit, First Circuit
    Authors:
    Todd E. Phillips , Kevin C. Maclay , Sally J. Sullivan
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered
    Texas Showdown Over Class Claims
    2018-01-23

    This past November, the Bankruptcy Court for the Southern District of Texas sided with the majority of circuit courts when it held (i) that bankruptcy courts may apply Federal Rule of Civil Procedure 23 to class proofs of claim and administrative proofs of claim, and (ii) that a putative representative may file a conditional claim on behalf of a putative class that may later be certified.

    Filed under:
    USA, Texas, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Royalty payment, Class action, Federal Rules of Civil Procedure (USA), United States bankruptcy court, US District Court for Southern District of Texas
    Authors:
    Peter R. Morrison
    Location:
    USA
    Firm:
    Squire Patton Boggs
    A Degree Too Far: NY Bankruptcy Court Denies Debtors’ Request For Bankruptcy Rule 2004 Examination in Connection with Third-Party Litigation
    2017-11-02

    History: In a June 14, 2017, bankruptcy blog titled “Six Degrees of Separation: Use of Bankruptcy Rule 2004 Examination in Connection with Third-Party Litigation“, we reported on what appeared to be a case of first impression that arose in a case pending before United States Bankruptcy Judge Stuart Bernstein in the United States Bankruptcy Court for the Southern Distr

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, Federal Rules of Civil Procedure (USA), United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    John H. Drucker
    Location:
    USA
    Firm:
    Cole Schotz PC
    How Do the Recent Rule Changes Affect You?
    2019-02-19

    In April 2018, the United States Supreme Court approved rule changes to both the Federal Rules of Civil Procedure (the Civil Procedure Rules) and the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules). The rule changes became effective on December 1, 2018. While the modifications are not as monumental as those made in previous years, one set of changes, focusing on electronic service, will certainly impact the day-to-day practice for bankruptcy professionals.

    Filed under:
    United Kingdom, USA, Insolvency & Restructuring, Litigation, Fredrikson & Byron PA, Federal Rules of Civil Procedure (USA)
    Authors:
    Steven R. Kinsella
    Location:
    United Kingdom, USA
    Firm:
    Fredrikson & Byron PA
    State court receiverships and assignments for benefit of creditors
    2011-03-31

    Click here to view the webinar.

    Click here for the PowerPoint presentation.

    Click here for the presentation materials.

    State Court Receiverships

    Filed under:
    USA, Insolvency & Restructuring, Nexsen Pruet, Debtor, Limited liability company, Foreclosure, Liquidation, Investment company, Right to property, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA), Federal Rules of Civil Procedure (USA)
    Authors:
    Christine L. Myatt
    Location:
    USA
    Firm:
    Nexsen Pruet

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