By Marshall S. Huebner and Kate Somers (Davis Polk & Wardwell, LLP) Since the U.S. Supreme Court issued its ruling …
Continue Reading about Opting into opting out: Due process and opt-out releases
[Purdue Pharma Bankruptcy Series] Mass Torts, The Bankruptcy Power, and Constitutional Limits on Mandatory No-Opt-Outs Settlements
Editor's Note: We're pleased to continue our series of original content on the implications of the Supreme Court's ruling in the …
[Purdue Pharma Bankruptcy Series] What Happens After the Supreme Court’s Debacle in Purdue Pharma?
Editor's Note: We're pleased to continue our series of original content on the implications of the Supreme Court's ruling in the …
Against Bankruptcy; Bankruptcy by Another Name
Editor's Note: As the Supreme Court considers the bankruptcy of Purdue Pharma and whether the nonconsensual nondebtor releases …
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[Purdue Pharma Bankruptcy Series] Oral Argument Summary + Thoughts
Editor's Note: On December 4, 2023, the Supreme Court heard oral argument in the Purdue Pharma bankruptcy. The Bankruptcy …
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[Purdue Pharma Bankruptcy Series] Second Circuit Affirms Permissibility of Nonconsensual Third Party Releases in Purdue Pharma Case
Editor's Note: On August 10, 2023, the Supreme Court of the United States agreed to hear the appeal of the bankruptcy of …
Re-Examining First Day Trading Orders and Tax Status in Bankruptcy After Rodriguez
By Arvind Ravichandran (Cravath, Swaine & Moore LLP) [Editor's Note: The following summary is a duplicate of the article's …
The Fee Hike Dilemma: The U.S. Supreme Court Resolves Fee Dispute and Holds Fee Hike Unconstitutional
By Brigid K. Ndege (Lewis Brisbois Bisgaard & Smith LLP) and Christian Conway (Clark Hill PLC) Parties have long …
Mandatory Aggregation of Mass Tort Litigation in Bankruptcy
By Ralph Brubaker (James H.M. Sprayregen Professor of Law, University of Illinois College of Law) The recent decision in In re …
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Update on Corporate Bankruptcy Tax Refund Litigation
By Michael L. Cook (Schulte Roth & Zabel) Federal courts regularly resolve consolidated corporate tax refund disputes in …
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More Clarity on What Constitutes a Final, Appealable Order in Bankruptcy After Ritzen Group Inc. v. Jackson Masonry, LLC
By Charles Tabb and Carly Everhardt (Foley & Lardner) In Ritzen Group Inc. v. Jackson Masonry, LLC, the Supreme Court …
Do Bankruptcy Courts Have Constitutional Authority to Approve Nonconsensual, Third-Party Releases?
By Shmuel Vasser and Cara Kaplan (Dechert) The Third Circuit, applying the Supreme Court’s decision in Stern v. Marshall, …
Updated Overview of the Jevic Files: How Courts Are Interpreting and Applying the Supreme Court’s Ruling on Structured Dismissals and Priority Skipping
By Shane G. Ramsey and John T. Baxter (Nelson Mullins) The U.S. Supreme Court in Czyzewski v. Jevic Holding Corp., 137 S.Ct. …
Debt Recharacterization Under State Law
By James M. Wilton (Ropes & Gray, LLP) The majority federal law test for recharacterization of insider debt in bankruptcy …
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The Secret Life of Priority: Corporate Reorganization After Jevic, 93 WASH L. REV. 631 (2018)
By Jonathan C. Lipson (Temple University - James E. Beasley School of Law) The Supreme Court’s 2017 decision in Czyzewski v. Jevic …
Three Provocative Business Bankruptcy Decisions of 2018
By Michael L. Cook (Schulte, Roth & Zabel LLP). The appellate courts have issued at least three provocative, if not …
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Inequality and Equity in Bankruptcy Reorganization
Richard M. Hynes and Steven D. Walt (University of Virginia School of Law). Courts have developed a series of controversial …
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The Year in Bankruptcy: 2017
by Charles M. Oellermann and Mark G. Douglas (Jones Day). In their annual chronicle of business bankruptcy, financial, economic, …
Applying Jevic: How Courts Are Interpreting and Applying the Supreme Court’s Ruling on Structured Dismissals and Priority Skipping
By Shane G. Ramsey and John T. Baxter (Nelson Mullins). The U.S. Supreme Court in Czyzewski v. Jevic Holding Corp., 137 S.Ct. 973 …
Justice Scalia’s Bankruptcy Jurisprudence: The Right Judicial Philosophy for the Modern Bankruptcy Code?
By Megan McDermott (Lecturer, University of Wisconsin School of Law). The late Justice Scalia is best known among mainstream …