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Jurisdiction › EBIA v Arkison

Greenberg Glusker LLP

Mind the Statutory Gap (aka A Jurisdictional Mess)

Greenberg Glusker LLP on

As we all know, on June 9 of this year, the Supreme Court issued its long awaited decision in Executive Benefits Ins. Agency vs. Arkison, 134 S. Ct. 2165, 189 L. Ed. 2d 83 (2014), which we had hoped would resolve the open...more

Latham & Watkins LLP

US Supreme Court’s Sleight of Hand in Bankruptcy Jurisdiction

Latham & Watkins LLP on

With all attention focused on Executive Benefits, the Daimler decision could represent the real sea change in jurisdiction over non-core actions. Introduction - Recently, much of the bankruptcy bar was focused...more

Perkins Coie

Supreme Court Clarifies Bankruptcy Court Jurisdiction (Somewhat)

Perkins Coie on

In 2011, the Supreme Court decided Stern v. Marshall, 564 U.S. ___, 131 S. Ct. 2594 (2011), which gave voice to the Court’s grave concerns about the constitutional limits of bankruptcy court jurisdiction and raised several...more

Bond Schoeneck & King PLLC

Stern Revisited, Testing the Jurisdictional Authority of the Bankruptcy Courts and Beyond

Bond Schoeneck & King PLLC on

In January, the Supreme Court heard oral argument in Executive Benefits Insurance Agency v. Arkison. Executive Benefits is viewed by many as the sequel to Stern v. Marshall, 131 S. Ct. 2594, 180 L. Ed. 2d 475 (2011). In...more

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