The Court of Appeals lacked jurisdiction to hear an appeal of an interlocutory order of the bankruptcy court, even though the bankruptcy court granted leave to appeal to the district court, because...
In light of the answer of the California Supreme Court (CASC) to one certified state law question - "yes," section 1759 of the California Public Utilities Code (CPUC) preempts a negligence claim...
Judge(s):
Danny J. Boggs; John B. Owens; and Michelle T. Friedland
The Fifth Circuit certified questions of Texas state law to the Texas Supreme Court regarding permissibility of alcohol permit transfer(s) as part of a proposed sale.
The U.S. Court of Appeals for the Eleventh Circuit (Circuit) both denied the motion to certify whether 5200 Enterprises Limited (Enterprises or DR) had stated a claim for continuing trespass under...
Judge(s):
Kevin C. Newsom; Adalberto J. Jordan; and Edward E. Carnes
.Eighth Circuit held that the bankruptcy court did not abuse its discretion in dismissing Chapter 13 debtor's bankruptcy case for failing to comply with credit counseling requirements; despite...
Relying on Illinois' single action rule, which requires parties to present all theories for litigation arising from a single transaction in a single proceeding, the Court found that creditors who...
1. The Circuit Court had jurisdiction over the "direct appeal" because (i) the Bankruptcy Court certified that the order "involved" a question of law that warranted a direct appeal and the Circuit...
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...
Issues raised by the bankruptcy trustee's litigation can be resolved only by application of unresolved District of Columbia laws. As a result, the following questions are certified to the District...
Judge(s):
GOULD, MURGUIA, FREUDENTHAL (D. Wyo., sitting by designation)
A debtor claiming federal exemptions under 11 U.S.C. § 522 may exempt 100% of the value of his or her interest in the asset rather than the value of the asset itself.
NOTE: this is a narrow...
