Law School Toolbox Podcast Episode 332: Listen and Learn -- Removal (Civ Pro)
Bar Exam Toolbox Podcast Episode 163: Listen and Learn -- Removal (Civ Pro)
On January 31, 2024, the U.S. Court of Appeals for the Fourth Circuit (the Fourth Circuit) reversed and remanded the opinion of the U. S. District Court for the Northern District of West Virginia (the District Court), holding...more
On January 5, 2023, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) vacated a decision from the United States Bankruptcy Court for the Southern District of Texas, Houston Division (the...more
In Barton v. Barbour, the United States Supreme Court held that before another court could obtain subject matter jurisdiction over a suit against a receiver for acts committed in the receiver’s official capacity, the...more
Can claiming you broke the law get you out of a contract? Illegality And Unforceability- MedMen – a Canadian corporation, and one of the best-known names in marijuana – recently made headlines for pulling an old trick:...more
Welcome back to the Law School Toolbox podcast! Today's topic in our "Listen and Learn" series is from Civil Procedure, specifically removal of a case from state to federal court. In this episode we discuss: >The...more
Welcome back to the Bar Exam Toolbox podcast! Today's topic in our "Listen and Learn" series is from Civil Procedure, specifically removal of a case from state to federal court. In this episode, we discuss: >The...more
On January 14, 2022, the annual NYSE Guidance Memo and NYSE American Guidance Memo (both, the “Guidance Memos”) were released. The Guidance Memos outlined important rules and policies applicable to all the companies listed in...more
On October 8, 2021, after a preliminary injunction hearing held on September 28, 2021, Judge James O. Browning of the U.S. District Court for the District of New Mexico issued a 92-page opinion in which he found that the New...more
Section 312.07 of the NYSE Listed Company Manual provides that, where shareholder approval is a prerequisite to the listing of any additional or new securities of a listed company, or where any matter requires shareholder...more
On September 29, 2021, the New York Stock Exchange ("NYSE" or the "Exchange") filed with the SEC a proposal to amend Section 312.07 of the NYSE Listed Company Manual to provide that a company must calculate "votes cast" on a...more
In 1994, in Friedman v Revenue Management, Inc., the U.S. Court of Appeals for the Second Circuit, covering New York, Connecticut and Vermont, closed federal courthouse doors in those states to petitioners seeking judicial...more
I’m very pleased to present my 13th annual list of the past year’s ten most significant business divorce cases. This year’s list includes important appellate and trial court decisions in New York and Delaware on a...more
The US Court of Appeals for the Federal Circuit affirmed the dismissal of a declaratory judgment complaint related to patent validity under the federal abstention doctrine because the issue had been decided in state court....more
WARSAW ORTHOPEDIC, INC., v. SASSO - Before Newman, Schall, and Wallach. Appeal from the United States District Court for the Northern District of Indiana. Summary: A federal court properly exercises its discretion to...more
When a party files for bankruptcy, the Bankruptcy Code imposes an automatic stay of litigation against a debtor for claims arising prior to the commencement of the bankruptcy case. See 11 U.S.C. § 362(a). Where there is a...more
Picking up from an earlier post this month post, this week, we’re drilling down into the arguments raised by Century Bank and Trust Company[1]—one of the non-government defendants—as to why the Plaintiffs’ RICO claim against...more
The ecclesiastical abstention doctrine can provide religious institutions with protection from employment-related lawsuits. Based upon the religious freedom amendments contained in the U.S. and Texas constitutions, this...more
The abstention doctrine allows a federal district court to stay or dismiss a case properly before it for reasons of "wise judicial administration." The US District Court for the District of Rhode Island recently applied this...more
The Delaware Bankruptcy Court recently dismissed a Chapter 11 bankruptcy case pending before it and recognized, under Chapter 15 of the Bankruptcy Code, the debtor’s bankruptcy proceeding in Belgium. Exelco NV (“Exelco”), a...more
Insurers looking to remove declaratory judgment actions to courts in the Third Circuit were recently given some clarity — and, for one defendant insurer, a welcome reversal. On August 21, the U.S. Court of Appeals for the...more
Permissive Abstention: Part 1 of this blog series examined a bankruptcy court’s subject matter jurisdiction over a debtor’s legal malpractice claims. See, Part 1. Part 2 of this blog series focused on mandatory abstention...more
Forum non conveniens is one of several judicial abstention doctrines, applied from time to time by U.S. courts, that permit a court to dismiss (without prejudice) a plenary action in its discretion. In a forum non conveniens...more
Part 1 of this blog series examined a bankruptcy court’s subject matter jurisdiction over a debtor’s legal malpractice claims. Recognizing that bankruptcy courts typically retain related to jurisdiction over legal...more
Because the number of unsatisfied clients who find themselves in bankruptcy are filing malpractice lawsuits against their pre-bankruptcy counsel is on the rise so, too, is the number of attorneys who find themselves on the...more
Timely Topics - The U.S. Supreme Court recently heard oral argument in Trinity Lutheran Church of Columbia, Inc. v. Comer, No. 15-577. The lawsuit concerns whether the daycare operated by a Missouri church may qualify...more