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October 6, 2009

Circuit Court of Appeals Cases from Last Week

2nd Circuit Court of Appeals, October 01, 2009
Orange Cty. Water Dist. v. Unocal Corp., --- F.3d ---, 2009 WL ------------ (2nd Cir. 2009)(petition for a writ of mandamus rejected because any challenge to the district court's subject matter jurisdiction was best addressed on direct appeal, rather than by a writ of mandamus)

5th Circuit Court of Appeals, September 29, 2009
In the Matter of: Pac. Lumber Co., --- F.3d ---, 2009 WL ------------ (5th Cir. 2009)(confirmed Chapter 11 reorganization plan affirmed in part where: 1) certain noteholders did not preserve their challenge to the plan's treatment of their secured claims; and 2) the plan did not create a substantive consolidation. Order reversed in part where: 1) the equitable mootness doctrine did not bar review of issues raised on appeal concerning the treatment of noteholders' secured claims, it did not bar re-evaluation of whether their administrative priority claim was correctly calculated, and it did not bar review of the plan's release clauses insulating multiple parties from liability; and 2) the bankruptcy court may have made a mathematical error and deprived noteholders of a post-petition administrative priority claim)

6th Circuit Court of Appeals, October 02, 2009
Tam Travel, Inc. v. Delta Airlines, Inc., --- F.3d ---, 2009 WL ------------ (6th Cir. 2009)(plaintiff-travel agencies' lawsuit under the Sherman Antitrust Act alleging a conspiracy to eliminate the practice of paying base commissions by various airlines, district court's dismissal of the amended complaint is affirmed, as the plaintiffs' claims against United Airlines were discharged in bankruptcy and the claims against the remaining defendants failed to allege sufficient facts to plausibly suggest a prior illegal agreement)

9th Circuit Court of Appeals, October 01, 2009
Sternberg v. Johnston, --- F.3d ---, 2009 WL ------------ (9th Cir. 2009)(no viloation of the automatic stay where plaintiff violated his duty to ensure that his actions did not prolong a violation of the stay that resulted from a state court motion seeking relief against defendant that plaintiff filed prior to the bankruptcy. However, the damages limited to only those attorney's fees related to enforcing the automatic stay and remedying the stay violation, not the fees incurred in prosecuting the bankruptcy adversary proceeding in which he pursued his claim for those damages)

9th Circuit Court of Appeals, October 02, 2009
In re Greene, --- F.3d ---, 2009 WL ------------ (9th Cir. 2009)(perfection of a homestead exemption does not constitute acquisition of a property interest for purposes of 11 U.S.C. section 522(p)(1), and thus the debtor's homestead was not subject to the $125,000 cap contained in section 522(p))

10th Circuit Court of Appeals, September 30, 2009
In re Corey, --- F.3d ---, 2009 WL ------------ (10th Cir. 2009)(debtor barred from defending non-dischargeability actkion by issue preclusion because the issue of his fraud was actually litigated in the prior case)

Thanks to Findlaw.com. 

October 6, 2009 in Other Circuit Briefs | Permalink

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