Majority holds the bankruptcy court did not abuse its discretion to reconsider its prior order, entered a year earlier, approving a break-up fee under a merger agreement. The order approving the...
Judge(s):
Greenaway, Jr. (author for majority), Fuentes, and Rendell (dissenting)
The Third Circuit affirmed the lower courts' rulings that the bankruptcy court had statutory and constitutional jurisdiction to disallow a claimant's hostile workplace and wrongful termination...
Bankruptcy court's order dismissing adversary proceeding as barred by plan releases is affirmed. A confirmed plan is res judicata as to all issues decided or which could have been decided at...
The Third Circuit Court of Appeals affirmed the Bankruptcy Court in part and vacated and remanded in part. The plaintiffs' recovery under the Asbestos Lawsuits is barred because the CNA insurance...
Profit-sharing provision in a lease triggered upon assignment of the lease is an unenforceable anti-assignment provision pursuant to 11 U.S.C. 365(f)(1)
The Court of Appeals vacated the District Court's sanction order, and remanded to impose a new sanction. Under Pennsylvania law, tenants by the entirety legally are treated as one person, and...
Judge(s):
Geenaway, Jr., Krause, Circuit Judges, and Jones, District Judge sitting by designation.
The Third Circuit Court of Appeals affirmed the bankruptcy court’s decision on remand, finding that: (i) the payments that Eclipse, the debtor-appellee, made to Prudential, the...
Judge(s):
Jordan and Roth, Circuit Judges; and Mariani, District Judge
The Frenville standard requires a court to look to the underlying state limitations law to determine when a claim arises. Where the proffered "common issue" depends upon the (different) limitations...
In this precedential opinion, the Third Circuit Court of Appeals reversed and remanded the case back to the district court for further proceedings. The Third Circuit found, among other things, that...
