The U.S. Court of Appeals for the Third Circuit (Circuit) reached a third set of conclusions, deeming the decision of Transit Wireless LLC (Transit) to use the remote fiber nodes (Nodes) that it...
Judge(s):
Kent A. Jordan; L. Felipe Restrepo; and David J. Porter
The bankruptcy court (BC), the Third Circuit (Panel) resolved, had misapplied the framework limned in a prior circuit opinion for analyzing the nature of the provided services of some insurers to...
Judge(s):
Julio M. Fuentes; Peter J. Phipps; and Cheryl A. Krause
Affirming the Bankruptcy Appellate Panel for the First Circuit (BAP), the U.S. Court of Appeals for the First Circuit (Circuit) reaffirmed the general jurisdictional mootness rule--when an issue...
Judge(s):
O. Rogeriee Thompson; Bruce M. Selya; and William J. Kayatta Jr.
In a two-part opinion, the U.S. Court of Appeals for the Seventh Circuit (Panel) held that the Employee Retirement Income Security Act (ERISA) does not preempt a bankrupt entity's creditor's state...
Judge(s):
Michael S. Kanne; Ilana K. D. Rovner; and David F. Hamilton
A creditor or debt collector who violates the bankruptcy discharge, the Fair Debt Collection Practices Act ("FDCPA"), and the Telephone Consumer Protection Act ("TCPA") was not entitled to have its...
The Court of Appeals dismissed CONSOL's appeal of the Settlement Order and Opinion entered by the Bankruptcy Court for lack of standing. The Court of Appeals held that the Settlement Order did not...
The Bankruptcy Appellate Panel of the Ninth Circuit (BAP) affirmed the denial by the United States Bankruptcy Court for the Central District of California (BC) of the dispositive motion (Motion),...
Judge(s):
Scott H. Gan; William J. Lafferty III; and Gary A. Spraker
The Court held that Shelton made material misrepresentations when
he applied for insurance in January 2013 regarding the Tyler matter. Accordingly, under Mississippi law, Imperium is entitled to...
