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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), Eleventh Circuit
Location:
USA
Firm:
Mintz
View Original Article
3M tried to resolve its PFAS liability to water suppliers for $12.5 BILLION and almost 1/2 the States (including MA) are objecting. Whats next?
2023-07-27

In May I wrote about a manufacturer of Aqueous Film Forming Foam (AFFF) excused from the PFAS Multi-District Litigation in South Carolina because its PFAS-related liabilities might exceed its assets which is something for a Federal Bankruptcy Court to sort out.  At the time I worried that this was only one of many PFAS-related bankruptcies we would be seeing

Filed under:
USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Mintz, US Environmental Protection Agency, US Congress
Authors:
Jeffrey R. Porter
Location:
USA
Firm:
Mintz
View Original Article
SCOTUS Bankruptcy Decision Roundup
2023-07-07

On average, the Supreme Court hears a single bankruptcy case each term. But during the October 2022 term, the Supreme Court issued a remarkable four decisions in bankruptcy cases. These decisions, which are summarized below, address appellate issues relating to sale orders, the discharge of claims obtained by fraud, and sovereign immunity issues in two different contexts.

I. Section 363(m) of the Bankruptcy Code is not a jurisdictional provision that precludes appellate review of asset sale orders.

Filed under:
USA, Insolvency & Restructuring, Litigation, Mintz, Bankruptcy, Fraud, Chapter 11, US Bankruptcy Code, US Congress, Supreme Court of the United States, United States bankruptcy court
Authors:
Kaitlin R. Walsh
Location:
USA
Firm:
Mintz
View Original Article
Surprising no one, those pursued to pay for PFAS contamination are buckling under the weight of those claims. Whats next?
2023-05-17

Hundreds and hundreds of claims for personal injury and property damage associated with PFAS contamination have been accumulating in the courtroom of a Federal Judge in South Carolina. A little over four years ago the Federal Judicial Panel on Multidistrict Litigation determined that Federal claims that Aqueous Film-Forming Foams (AFFF) containing PFAS used to fight fires had contaminated drinking water had enough in common that they should all be sent to Federal Judge Gergel in South Carolina for disposition.

Filed under:
USA, Insolvency & Restructuring, Litigation, Mintz, US Environmental Protection Agency, US Congress
Authors:
Jeffrey R. Porter
Location:
USA
Firm:
Mintz
View Original Article
Surprising no one, those pursued to pay for PFAS contamination are buckling under the weight of those claims. What's next?
2023-05-17

Hundreds and hundreds of claims for personal injury and property damage associated with PFAS contamination have been accumulating in the courtroom of a Federal Judge in South Carolina. A little over four years ago the Federal Judicial Panel on Multidistrict Litigation determined that Federal claims that Aqueous Film-Forming Foams (AFFF) containing PFAS used to fight fires had contaminated drinking water had enough in common that they should all be sent to Federal Judge Gergel in South Carolina for disposition.

Filed under:
USA, Insolvency & Restructuring, Litigation, Mintz, US Environmental Protection Agency, US Congress
Location:
USA
Firm:
Mintz
View Original Article
Bankruptcy Court Finds Cannabis Employee Not Entitled to Chapter 13 Protection
2023-02-03

A bankruptcy court’s recent denial of a debtor’s petition for bankruptcy relief on narrow grounds casts a long shadow on the viability of bankruptcy relief for those employed in the cannabis industry. Though confining the court’s holding to this debtor’s case, the court concluded that because the debtor engaged, and intended to continue engaging, in activities that violate the Federal Controlled Substances Act, the debtor could not objectively have filed for bankruptcy or proposed a plan of reorganization in good faith, as required by Federal bankruptcy law.

Filed under:
USA, Insolvency & Restructuring, Litigation, Mintz
Location:
USA
Firm:
Mintz
View Original Article
2022 Amendments to the Bankruptcy Rules
2022-12-21

The latest amendments to the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) took effect on December 1, 2022. This collection of modifications may be broadly divided into two categories: (i) amendments and a new rule promulgated to account for the Small Business Reorganization Act of 2019 (the “SBRA”), and (ii) amendments clarifying or consolidating non-SBRA specific Bankruptcy Rules.

SBRA-Related Amendments

Filed under:
USA, Insolvency & Restructuring, Mintz, US Congress
Location:
USA
Firm:
Mintz
View Original Article
Smoked Out: How Those In The Cannabis Industry May Finally Gain Bankruptcy Protection
2022-11-10

Could bankruptcy protection be on the horizon for individuals and companies actively involved in the cannabis industry? Potentially yes, following President Biden’s October 6, 2022 request for the Secretary of Health and Human Services to begin the administrative process to review marijuana’s classification as a Schedule I substance under the Controlled Substance Act (“CSA”).

Filed under:
USA, Insolvency & Restructuring, Litigation, Mintz, Ninth Circuit
Location:
USA
Firm:
Mintz
View Original Article
Director Fiduciary Duties May Extend Post-Closing in Multi-Stage Transactions
2021-04-16

A recent decision by the United States District Court for the Southern District of New York highlights directors’ fiduciary duty to evaluate all aspects of multi-stage transactions, including those portions to be effectuated post-closing by successor directors.

Filed under:
USA, Company & Commercial, Insolvency & Restructuring, Litigation, Mintz, Small Business Administration (USA)
Location:
USA
Firm:
Mintz
View Original Article
First Circuit Issues Important Ruling on Valuing Secured Claims in Settled Causes of Action
2020-04-22

In a recent decision addressing valuation issues, the First Circuit has issued an important reminder – and warning – to creditors seeking to establish a secured claim in settlement proceeds based on a security interest in the settled claim. In short, the key lesson for would-be secured creditors is this – the value of a claim is not equal to the value of damages!

Filed under:
USA, Insolvency & Restructuring, Litigation, Mintz, Title 11 of the US Code
Authors:
Timothy J. McKeon
Location:
USA
Firm:
Mintz
View Original Article

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