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Topic: Alternative Dispute Resolution

Jones v. Dancel

Citation: 
14-2160; 4th Cir. July 6, 2015
Ruling: 
In a unanimous decision, a three judge panel of the United States Court of Appeals for the Fourth Circuit confirmed that judicial review of arbitration awards is “severely circumscribed” and “among the narrowest known at law” and affirmed the judgment ...
Judge(s): 
Judge Keenan wrote the opinion in which Chief Judge Traxler and Judge Gregory joined.
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Moses v. Cashcall, Inc.

Citation: 
Moses v. Cashcall, Inc., 2015 U.S. App. LEXIS 4098 (4th Cir. 2015)
Ruling: 
Affirmed in part, reversed in part, and remanded with instructions by per curiam opinion: "This bankruptcy appeal presents the issue of whether two claims, one for declaratory relief and one for money damages, asserted by debtor Oteria Moses in an adversary ...
Judge(s): 
Before: Circuit Judges Paul v. Niemeyer and Roger L. Gregory, and Senior Circuit Judge Andre M. Davis
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In re Ruben

Citation: 
In re Ruben, No. 14-1475 (7th Cir. Dec. 23, 2014)
Ruling: 
AFFIRMING the district court's reversal of the bankruptcy court's order, the Seventh Circuit Court of Appeals held that the district court was correct in denying the discharge of Ruben’s debt for $171,504.54 in costs imposed by the arbitration panel. The ...
Judge(s): 
BAUER, POSNER, and TINDER, Circuit Judges.
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U.S.A. v. Federal Resources Corp.

Citation: 
United States v. The Coeur D'Alenes Company, Case 12-36065 (9th Cir. September 16, 2014)
Ruling: 
The district court did not abuse its discretion in failing to consider comparative fault and focusing solely on a company's limited ability to pay in assessing the fairness of a CERCLA consent decree. Although, this would create disproportionate liability ...
Judge(s): 
Circuit Judges A. Wallace Tashima and Mary H. Murguia; District Judge Cormac J. Carney, sitting by designation
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In re Nortel Networks Inc., et al.

Citation: 
Joint Administrators for Nortel Networs, No. 13-2739
Ruling: 
The U.S. Court of Appeals for the Third Circuit in Philadelphia upheld bankruptcy court ruling that there was never an agreement to use arbitration to divide estate assets.
Judge(s): 
FUENTES, GREENBERG, and BARRY
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Wilmington Trust Company, et al. v. Yvette Weinstein, et al. (In re Community Bancorp)

Citation: 
No. 10–20038 (B.A.P. 9th Cir. Aug. 20, 2013) (not for publication)
Ruling: 
Affirming the order of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel of the Ninth Circuit held that a settlement between the trustee and the Federal Deposit Insurance Corporation (“FDIC”) over the ownership of tax refunds met the “lowest point ...
Judge(s): 
Kirscher, Collins and Dunn, Bankruptcy Judges
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Dow Corning Corp. v. Caffrey (In re Dow Corning Corp.)

Citation: 
Dow Corning Corp v Caffrey, 6th Circuit, No. 12-1253 (July 29, 2013)
Ruling: 
Tex R Civ P 11 requires agreements between parties to be reduced to writing or have been placed on the record of the court. Absent compliance with Rule 11 or qualifying as an exception under Massey v Galvan, 822 ...
Judge(s): 
Norris, Moore, and Donald, Circuit Judges.
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Timco, LLC v. T and M Sales Agency, Inc. (In re Timco, LLC)

Citation: 
13a0063n.06
Ruling: 
Appeal of bankruptcy court's decision remanding case removed state court action to confirm arbitration award which was affirmed by district court was unreviewable by the court of appeals under 28 U.S.C. § 1334(d). Appeal of order granting relief from automatic ...
Judge(s): 
Guy, Sutton and Cook
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Ackerman v. Eber (In re Eber)

Citation: 
--- F.3d ----, 2012 WL 2690744 (9th Cir., July 9, 2012)
Ruling: 
AFFIRMING the United States District Court for the Central District of Calfiornia, the Court of Appeals held that district court did not abuse its discretion by refusing to compel arbitration, because doing so would have "conflicted with the underlying purposes ...
Judge(s): 
KLEINFELD AND SMITH (Circuit Judges) and MARBLEY (District Judge, sitting by designation)
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Shcolnik v. Rapid Settlements Ltd. (In re Shcolnik)

Citation: 
Case No. 10-20800 (5th Cir. February 8, 2012)
Ruling: 
The 5th Circuit reversed and remanded granting of summary judgment in Debtor Shcolnik's favor on issue of willful and malicous injury under 11 U.S.C. 523(a)(6) if Debtor's claims of ownership were made in bad faith as a pretense to extract ...
Judge(s): 
Chief Judge Jones, Circuit Judges Haynes and Crone
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