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    The Supreme Court - June 12, 2014
    2014-06-12

    The Supreme Court of the United States announced decisions in two cases today:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Product Regulation & Liability, Dorsey & Whitney LLP, Coca-Cola
    Authors:
    Steven J. Wells , Timothy J. Droske
    Location:
    USA
    Firm:
    Dorsey & Whitney LLP
    Bankruptcy court dismisses class action DFR complaint involving airline merger
    2014-06-12

    One deliberately ironic facet of the 2004 film Howard Hughes bio-pic The Aviator (the one with Leonardo DiCaprio) is the fact that the airlines fighting for world dominance in the 1940s were Howard Hughes’ TWA and Juan Trippe’s Pan Am.  By the time of the movie, of course, both famous airlines were gone.  Pan Am’s final descent into bankruptcy court ended in 1991.  Following its own troubles (and two bankruptcies in the 1990s), TWA was acquired by American Airlines in 2001.  But does the death of an airline mean an end to litigation?  Of course not.

    Filed under:
    USA, Aviation, Employment & Labor, Insolvency & Restructuring, Litigation, BakerHostetler, Bankruptcy, Class action, American Airlines
    Authors:
    Gregory V. Mersol
    Location:
    USA
    Firm:
    BakerHostetler
    Supreme Court closes gap on “Stern claims;” declines to clarify jurisdiction for certain bankruptcy litigation claims
    2014-06-12

    On Monday, the United States Supreme Court decided in Executive Benefits Insurance Agency v. Arkison that while bankruptcy courts do not have the power to make final decisions on so-called "Stern claims," they can try or "hear" those disputes and then make a recommendation to the district courts for entry of final judgment.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Polsinelli PC, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Todd H. Bartels
    Location:
    USA
    Firm:
    Polsinelli PC
    Borrower successfully blocks assignment of loan to distressed debt hedge funds
    2014-06-12

    In Meridian Sunrise Village, LLC v. NB Distressed Debt Investment Fund Ltd., et al., No. 13-5503(W.D. Wash. Mar.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jenner & Block LLP, Hedge funds, Distressed securities
    Authors:
    Andrew J. Olejnik , Abraham Michael Salander
    Location:
    USA
    Firm:
    Jenner & Block LLP
    Debtor permitted to assume license agreement but reject other related agreements
    2014-06-12

    In In re Physiotherapy Holdings, Inc., 506 B.R. 619 (Bankr. D. Del. 2014) (No.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jenner & Block LLP, Debtor
    Authors:
    Andrew J. Olejnik , Abraham Michael Salander
    Location:
    USA
    Firm:
    Jenner & Block LLP
    Clean up for what?! After enough time, you can leave your mess behind
    2014-06-12

    What do you get when you combine a 20+ year old bankruptcy, a contaminated landfill, and a state regulatory agency that moves at a glacial pace? The answer: In re Solitron Devices, Inc., a recent decision from the Bankruptcy Court for the Southern District of Florida.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Contamination, Bankruptcy, New York State Department of Environmental Conservation, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Executive Benefits provides (some) clarity on Stern v. Marshall
    2014-06-10

    In 2011, the US Supreme Court issued its landmark decision in Stern v. Marshall. Turning decades of bankruptcy practice on its head, the Supreme Court held that, even though bankruptcy courts are statutorily authorized to enter final judgments in “core” matters, Article III of the Constitution prohibits them from finally adjudicating certain core matters, such as a debtor’s state law counterclaim against a creditor (so-called “Stern claims”).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, ArentFox Schiff, Article III US Constitution, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Mette H. Kurth
    Location:
    USA
    Firm:
    ArentFox Schiff
    Supreme Court decides not to destroy the current bankruptcy court system
    2014-06-10

    The U.S. Supreme Court yesterday, in Executive Benefits Insurance Agency v. Arkinson, limited somewhat the ramifications of its landmark opinion two years ago in Stern v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Kelley Drye & Warren LLP, Article III US Constitution, Article I US Constitution, United States bankruptcy court
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Supreme Court upholds limited bankruptcy court jurisdiction over defendants in fraudulent transfer actions; leaves an open door to constitutional challenges when parties face a trial in bankruptcy court
    2014-06-10

    On June 9, 2014, the Supreme Court issued a decision in Executive Benefits Insurance Agency v. Arkison, a case that tested the extent of the jurisdiction of bankruptcy court judges to decide fraudulent transfer and certain other claims against non-debtors. Ropes & Gray LLP represented the petitioner in obtaining certiorari and in the Supreme Court proceedings.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Ropes & Gray LLP, Standard of review, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Douglas Hallward-Driemeier , D. Ross Martin , Mark I. Bane
    Location:
    USA
    Firm:
    Ropes & Gray LLP
    US Supreme Court rules that bankruptcy courts can issue proposed findings in “core” matters involving Stern v. Marshall-type claims
    2014-06-10

    On June 9, 2014, the US Supreme Court issued a unanimous decision in Executive Benefits Insurance Agency v. Arkison (“Executive Benefits”)1 that resolved a fundamental bankruptcy procedural issue that had arisen in the wake of Stern v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Tortious interference, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Brian Trust , Thomas S. Kiriakos , Michael F. Lotito
    Location:
    USA
    Firm:
    Mayer Brown

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