The Fourth Circuit vacated the Department of Labor's Benefits Review Board decision. The Fourth Circuit held: (1) the Board erred in affirming the ALJ's conclusion that Arch was liable for...
The circuit court found that the Pension Benefit Guaranty Corporation’s (“PBGC”) regulations are valid exercises of its power under the American Rescue Plan Act of 2021. The PBGC’s...
The 5th Circuit affirmed the District Court's ruling that denied the plaintiffs' claims for successor liability under the WARN Act against a purchaser of assets from a bankruptcy debtor. The Court...
Appellant's suit against the United States Postal Service, under Rehabilitation Act, 29 U.S.C. § 794, was properly dismissed by the district court where she had failed to disclose her claim as an...
McIntyre had business disputes with Fangman. After interpleading the amount he admitted owing in a state court, he filed a pro se Chapter 13 bankruptcy in which he challenged the state court's...
A party's judicial estoppel claim cannot create a previously unrecognized exception to the long-standing jurisdictional rule that generally appellate courts have authority to rule only on final...
The Bankruptcy Appellate Panel for the Ninth Circuit (BAP) affirmed the an order by the U.S. Bankruptcy Court for the Northern District of California (BC) granting the motions to dismiss the...
While the judges divided over the preferred approach and proper reasoning, this panel of the U.S. Court of Appeals for the Fifth Circuit (Circuit) unanimously agreed that the underlying arbitration...
Judge(s):
Leslie H. Southwick; Edith H. Jones; and Andrew S. Oldham
Affirming the U.S. Bankruptcy Court for the Central District of California (BC), the Bankruptcy Appellate Panel of the Ninth Circuit (BAP) discerned no abuse of discretion or err in its...
Judge(s):
William J. Lafferty III; Scott H. Gan; and Laura S. Taylor
Finding that the U.S. Bankruptcy Court for the Southern District of Ohio (BC) did not abuse its discretion in denying the motion for reconsideration filed by one creditor, Penn Line Service, Inc....
Judge(s):
Suzanne H. Bauknight; James L. Croom; and Alan C. Stout
