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Passmore v. Baylor Health Care System

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 9 years 10 months ago
Citation:
Case No. 15-10358 (May 19, 2016 5th Cir.)
Ruling:
REVERSED and remanded district court decision that held the expert report requirements of Texas Civil Practice and Remedies Code 74.351 applied in federal court. The 5th Circuit held that Section...
Judge(s):
Davis, Barksdale and Dennis, Circuit Judges.
Tag(s):

Tehrani v. Walters

  • Summarized by George Utlik , Capital One
  • 9 years 10 months ago
Citation:
Tehrani v. Walters, Case No. 15-2317 (3d Cir. May 20, 2016) (not precedential)
Ruling:
Affirming the decision of the United States District Court for the District of New Jersey ("District Court") and holding that the District Court did not err in (a) rejecting the debtors'...
Judge(s):
McKee, Ambro, Scirica
Tag(s):

Opportunity Finance, LLC, et al. v. Kelley

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 9 years 10 months ago
Citation:
Opportunity Finance, LLC, et al. v. Kelly, Case No. 15-2060 (8th Cir. May 16, 2016)
Ruling:
The harm suffered by the net winners/lenders by the consolidation order, if any, was indirect and therefore they were not persons aggrieved. Therefore, the lenders/net winners lacked standing to...
Judge(s):
Smith, Bye, Benton
Tag(s):

Kirkland v. Rund (In the Matter of EPD Investment Company, LLC)

  • Summarized by Joel Newell , Ballard Spahr, LLP
  • 9 years 10 months ago
Citation:
-- F.3d -- (9th Cir. 2016)
Ruling:
The Ninth Circuit Court of Appeals affirmed the the bankruptcy court's ruling denying Defendants' motion to compel arbitration. In core proceedings, the bankruptcy court has discretion to decline...
Judge(s):
Honorable Barry G. Silverman and Susan P. Graber, Circuit Judges, and Jennifer A. Dorsey,* District Judge.
Tag(s):

Slobodian v. I.R.S

  • Summarized by David Banker , Womble Bond Dickinson (US) LLP
  • 9 years 10 months ago
Citation:
No. 15-2833 (3d Cir. May 10, 2016)
Ruling:
Five alleged preferential transfers made by Net Pay (a payroll processor) to the IRS, on behalf of five different clients, were not avoidable under 11 U.S.C. § 547(b) of the Bankruptcy Code. Four...
Judge(s):
SMITH and HARDIMAN, Circuit Judges
Tag(s):

In re Energy Future Holdings Corp. et al.

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 9 years 10 months ago
Citation:
In re Energy Future Holdings Corp., Case No. 15-1591 (3d Cir. May 4, 2016)
Ruling:
1. The use of a "tender offer" to solicit a settlement, subject to bankruptcy court approval, is permissible if the "tender offer" is appropriately structured. 2. A settlement outside of the...
Judge(s):
Greenaway Jr., Vanaskie, and Shwartz
Tag(s):

Hooshim, et al. v. Wolkowitz (In re Kim)

  • Summarized by David Hercher , U.S. Bankruptcy Court, District of Oregon
  • 9 years 10 months ago
Citation:
In re Kim, No. CC-15-1273-TaKuF (9th Cir. B.A.P. May 2, 2016). Not-for-publication memorandum.
Ruling:
A trustee may not avoid a lien as a fraudulent transfer after selling the property subject to (i.e., not free and clear of) the lien.
Judge(s):
Laura S. Taylor, Frank L. Kurtz, and Robert J. Farris, Bankruptcy Appellate Panel Judges.
Tag(s):

World Imports, Ltd., et al. v. OEC Group New York (In re World Imports Ltd. et al.)

  • Summarized by Valerie Hamilton , Sills Cummis & Gross PC
  • 9 years 11 months ago
Citation:
World Imports, Ltd., et al. v. OEC Group New York (In re World Imports Ltd. et al), Case No. 15-1498 (3d Cir. Apr. 20, 2016) (precedential)
Ruling:
Contractual agreement between common carrier and its customer to transfer an unwaived maritime lien in delivered goods to goods currently held by common carrier was enforceable. Current shipment of...
Judge(s):
McKee, Chief Judge; Jordan (author) and Vanaskie, Circuit Judges
Tag(s):

Uberoi v. Supreme Court of Florida

  • Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
  • 9 years 11 months ago
Citation:
D.C. Docket No. 8: 14-cv-02321-TGW; 15-12636
Ruling:
The 11th Circuit Court of Appeals affirmed the district court's order dismissing complaint for lack of subject matter jurisdiction based on sovereign immunity and the Rooker-Feldman...
Judge(s):
Carnes; Hull; Marcus
Tag(s):

Mid-South Iron Workers Welfare Plan, et al. v. Harmon

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 11 months ago
Citation:
No. 15-6064 (10th Cir. Apr. 13, 2016)
Ruling:
The Tenth Circuit affirmed the decision of the U.S. District Court (W.D. Okla.), dismissing complaint under Rule 12(b)(6) based on the expiration of the statute of limitations. The Tenth Circuit...
Judge(s):
Gorsuch, McKay, Bacharach
Tag(s):

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