On Bankruptcy and Mediation
Rare and hard to get? (Photo by Marilyn Swanson) By: Donald L Swanson Here’s my take on third-party releases in a bankruptcy plan [not that anyone asked]: third-party releases should be rare and hard-to-get; but in exceptional circumstances (i.e., when a third-party release is needed to get lots of money to claimants quickly under a plan,... Continue Reading →
Long-arm jurisdiction? (Photo by Marilyn Swanson) By: Donald L Swanson Mallory v. Norfolk Southern Railway Co.[fn. 1] has got to be one of the most unusual vote-count opinions at the U.S. Supreme Court. Get this: Justice Gorsuch writes a plurality opinion, vacating the judgment of the Supreme Court of Pennsylvania and remanding the case, (i) based... Continue Reading →
Dissenters? (Photo by Marilyn Swanson) By: Donald L Swanson Dissenting opinions are always interesting. Sometimes, they are even the most interesting part of the entire case. Two recent dissents, in opinions of the U.S. Supreme Court, are decided three days apart: on June 23 & 26 of 2023, respectively. The first opinion has a four-Justices dissent... Continue Reading →
Eighth Amendment to U.S. Constitution By: Donald L Swanson “we need not decide whether she has also alleged an excessive fine under the Eighth Amendment.” --From U.S. Supreme Court’s unanimous opinion, Tyler v. Hennepin County, Minnesota, Case No. 22-166, at 14 (decided May 25, 2023). By now, everyone knows that the U.S. Supreme Court, in Tyler... Continue Reading →
Tribal sovereignty (photo by Marilyn Swanson) By: Donald L Swanson Contrasting opinions from any court, issued a month apart, are always instructive. And we have a new such thing—from the U.S. Supreme Court, no less, and from May and June of this year. The contrast is on this subject: whether sovereign immunities of Puerto Rico and... Continue Reading →
Narrow (Photo by Marilyn Swanson) By: Donald L Swanson When a federal court approves a [bankruptcy] plan allowing someone to put its hands into another person’s pockets, the person with the pockets is entitled to be fully heard and to have legitimate objections addressed.[Fn. 1] Pop Quiz Question: Does Insurer, in the following facts, have standing... Continue Reading →
Tribal sovereignty (photo by Marilyn Swanson) By: Donald L Swanson Oral arguments occur on April 24, 2023, before the U.S. Supreme Court in Lac Du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, Case No 22-227. Here is a link to the oral arguments transcript. What follows is an attempt to, (i) summarize the facts... Continue Reading →
Some would call it "theft" (photo by Marilyn Swanson) By: Donald L Swanson Oral arguments are held at the U.S. Supreme Court on April 26, 2023, in Tyler v. Hennepin County, Minnesota, Case No. 22-166. A transcript of such arguments is linked here. The essence of the case is this. Hennepin County, Minnesota: confiscates the home... Continue Reading →
Mootness? (Photo by Marilyn Swanson) By: Donald L Swanson Everyone knows by now that the U.S. Supreme Court recently declared the provisions of 11 U.S.C. § 363(m) to be NOT jurisdictional.[Fn. 1] Instead, § 363(m) is merely an important statutory directive.[Fn. 2] Mootness Issue What’s received less attention is a preliminary issue the U.S. Supreme Court... Continue Reading →
Hypothetical? — Chihuly (photo by Marilyn Swanson) By: Donald L. Swanson Say what?!. “Hypothetical jurisdiction” for a bankruptcy appeal?! Who knew? I sure didn’t. But it is, apparently, a thing . . . and it may even be real. At U.S. Supreme Court A newly filed Petition in the U.S. Supreme Court is Waleski v. Montgomery,... Continue Reading →
MEDIATBANKRY 