Jurisdiction, De Novo Standard of Review

Tax Court in Brief | Schwartz v. Comm’r | Collection Due Process; Credit Election Overpayment; Quintessential Tax Procedure

Freeman Law on 12/27/2022

Schwartz v. Comm’r, T.C. Memo. 2022-125| December 21, 2022 | Vasquez, J. | Dkt. No. 17291-14L - Short Summary: Eric Schwartz (“Schwartz”) and his spouse divorced. Pursuant to those divorce proceedings, the state court...more

The Tax Court in Brief

Freeman Law on 11/12/2020

Freeman Law’s “The Tax Court in Brief” covers every substantive Tax Court opinion, providing a weekly brief of its decisions in clear, concise prose. The Week of October 31 – November 6, 2020 - Glade Creek Partners,...more

The Potential Pitfalls of Contesting Arbitrability in the Arbitration

Mintz - Arbitration, Mediation, ADR... on 7/16/2018

When an agreement to arbitrate contains a clear and unmistakable “delegation” provision, gateway questions of arbitrability are for the arbitrator to decide. See, e.g., Kubala v. Supreme Prod. Servs., 830 F.3d 199, 201-02...more

SEC Rejects Constitutional Challenge to Administrative Proceeding

Proskauer - Corporate Defense and Disputes on 9/8/2015

The Securities and Exchange Commission joined the raging debate about whether SEC administrative proceedings conducted by administrative law judges (“ALJs”) are unconstitutional if the ALJs have not been appointed in...more

Supreme Court Permits Bankruptcy Court to Hear Adversary Proceeding; Bypasses Issues Regarding Party Consent

Orrick - Finance 20/20 on 6/17/2014

On June 9, the Supreme Court held that a bankruptcy judge may submit proposed findings of fact and conclusions of law for review by a federal district court in otherwise “core” adversary proceedings where a non-debtor party...more

Jurisdiction › De Novo Standard of Review

Tax Court in Brief | Schwartz v. Comm’r | Collection Due Process; Credit Election Overpayment; Quintessential Tax Procedure

The Tax Court in Brief

The Potential Pitfalls of Contesting Arbitrability in the Arbitration

SEC Rejects Constitutional Challenge to Administrative Proceeding

Supreme Court Permits Bankruptcy Court to Hear Adversary Proceeding; Bypasses Issues Regarding Party Consent

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