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December 21, 2009

Circuit Court of Appeals Cases from Last Week

1st Circuit Court of Appeals, December 14, 2009
Haag v. US, --- F.3d ---, 2009 WL ---------- (1st Cir. 2009)(defenses to IRS request for judgment for unpaid taxes rejected where defenses are foreclosed by res judicata and are without merit)

1st Circuit Court of Appeals, December 14, 2009
Rederford v. US Airways, Inc., --- F.3d ---, 2009 WL ---------- (1st Cir. 2009)(action against airline by a former employee alleging violation under the ADA dismissed where: 1) plaintiff failed to pursue her employment discrimination claims through the bankruptcy proceeding; and 2) the district court did not err in rejecting plaintiff's contention that she nonetheless should be able to litigate her claims based on the doctrines of judicial estoppel and unclean hands)

5th Circuit Court of Appeals, December 15, 2009
In re Superior Offshore Int'l., Inc., --- F.3d ---, 2009 WL ---------- (5th Cir. 2009)(confirmation of debtor's Chapter 11 liquidation plan is affirmed where: 1) section 1123(a)(4) only required equal treatment of members within the same class; 2) the plan made all the disclosures regarding the Equity Subcommittee required by section 1129(a)(5)(A)(i); and 3) because a class of creditors voted in favor of the plan, the absolute priority rule unambiguously did not apply to those claims)

Thanks to Findlaw.com

December 21, 2009 in Other Circuit Briefs | Permalink


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