Topic: Alternative Dispute Resolution

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No. 10–20038 (B.A.P. 9th Cir. Aug. 20, 2013) (not for publication)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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Continental Insurance Co. v. Thorpe Insulation Co. (In re Thorpe Insulation Co.)

Citation: 
No. 10-55744; D.C. No. 2:08-cv-07862-DSF; 12 Cal. Daily Op. Serv. 939; 2012 WL 255231
Ruling: 
The Ninth Circuit Court of Appeals affirmed the District Court which had affirmed the Bankruptcy Court. The Bankruptcy Court had the discretion to decline to enforce the otherwise applicable arbitration provision because the arbitration would conflict with the purposes ...
Judge(s): 
Gould and Schroeder, Circuit Judges and Seeborg, District Judge, Northern District of California, sitting by designation
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Kawasaki Heavy Industries, Ltd. v. Bombardier Recreational Products, Inc.

Citation: 
Case No. 11-2120 (7th Cir. 2011)
Ruling: 
The Seventh Circuit reversed the District Court’s holding regarding Appellants/Defendants’ waiver of arbitration, holding that Appellants had (i) acted consistently with an intent to arbitrate Plaintiffs/Appellees' claims throughout the Texas and Illinois actions and (ii) continually asserted its desire to ...
Judge(s): 
Flaum, Manion, and Sykes, Circuit Judges for the Seventh Circuit
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