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Summaries by David Baker

Puerto Rico, LLC v. Empresas Martinez Valentin Cor

Citation:
18-2103 (1st Circuit, Jan 28,2020) Published
Case Status:
Affirmed
Ruling:
For the foregoing reasons, we dismiss the appeal of the April 4 damages award, and we affirm the amount of attorneys' fees imposed.
Judge(s):
Torruella, Thompson, and Kanatta (author)
Tag(s):

Aurelius Investments, LLC v. Commonwealth of Puerto Rico

Citation:
18-1671, 18-1746, 18-1787 (1st Circuit, Feb 15,2019) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The members of the PROMESA board ARE subject to the Appointments Clause so the structure of the Board as it presently exists is unconstitutional. The court ordered the constitutionally-offending...
Judge(s):
Torruella (author), Thompson and Kayatta
Tag(s):

Fustolo v. The Patriot Group LLC

Citation:
17-1984 (1st Circuit, Jul 16,2018) Published
Case Status:
Reversed and Remanded
Ruling:
Bankruptcy court's order denying debtor a discharge reversed because allowing motion to conform complaint to the evidence was a due process violation in the circumstances.
Judge(s):
Toruella (author), Thompson and Kayatta
Tag(s):

INTERNAL REVENUE SERVICE v MURPHY

Citation:
17-1601 (1st Circuit, Jun 07,2018) Published
Case Status:
Affirmed
Ruling:
Under 26 USC § 7433(e), the IRS's good faith belief that it has a right to collect the purportedly discharged debts is not relevant to determining whether it "willfully violate[d]" the discharge...
Judge(s):
Stahl and Souter in the majority, and Lynch dissenting.
Tag(s):

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