Following last year's Stern v. Marshall bombshell, cases are slowly trickling
up to the Court of Appeals level. After I wrote about a recent Fifth
Circuit opinion which held that the jurisdiction of U.S. Magistrate Judges
was not invalidated, a...
After fifteen years of litigation, two trips to the
Supreme Court and the deaths of both of the original antagonists, the Supreme
Court decided Stern v. Marshall , 2011 U.S. LEXIS 4791 (Jun. 23, 2011). While Vickie Lynn
Marshall, better known as Anna...
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Prof. Kenneth N. Klee examines
the developing case law in the aftermath of the Supreme Court ruling in Stern
v. Marshall, in which the Court held that 28 U.S.C. § 157...
The Supreme Court has set the stage to flesh out the practical impact of Stern v. Marshall [ an enhanced version of this opinion is available to lexis.com subscribers ]. On June 24, 2013, the Court granted the petition for cert filed by the defendant...
In connection with the SIPA proceeding of Bernard L.
Madoff Investment Securities, LLC, the district court issued its ruling on
whether the U.S. Supreme Court decision in Stern
v. Marshall , 131 S. Ct. 2594, 180 L. Ed. 2d 475 (2011), prohibits the...
In a ruling that could shed some light (but not very
much) on the authority of bankruptcy judges, the Fifth Circuit has ruled that a
magistrate's ruling in an insurance coverage dispute did not run afoul of the
Supreme Court ruling in Stern v....
Professor Kenneth Klee previews the issues that the Supreme Court will address in Executive Benefits Insurance Agency v. Arkison (In re Bellingham Insurance Agency) to resolve a circuit split regarding whether the right to an Article III tribunal identified...
Clawback actions in Ponzi scheme cases may be a dime a
dozen these days, but the issues now raised by the Supreme Court decision in Stern v. Marshall , __ U.S. __, 131 S. Ct.
2594 (2011), can become quite costly for those involved. In Stern
While the paparazzi followed every move of Anna Nicole
Smith during her tragically shortened life, those of us of the legal paparazzi
now stalk every new development in the case which bears her legal name, Stern
v. Marshall . Some commentators have...
On June 23, 2011, the Supreme Court ruled 5-4, in an
opinion by Chief Justice Roberts, that a Bankruptcy Judge lacked constitutional
authority to issue a final ruling on state law counterclaims by a debtor
against a claimant. This is the latest round...
Three or four more opinion days before the United States
Supreme Court's term closes. Sixteen opinions have yet to be
delivered. But if a lifelong, diehard, Bronx-born Yankee fan, Justice
Sotomayor (who some
say saved baseball), is willing to...
by Ben Feder
There were nearly a million bankruptcy cases filed by individuals and businesses in 2014. It is safe to say that only the tiniest fraction of such debtors have any familiarity with the Supreme Court’s decision in Stern v. Marshall...
Prof. Ralph Brubaker and Prof. Ken Klee spoke on "Not
Again! Will Bankruptcy Courts Survive the Supreme Court's Second Look At Stern
v. Marshall?" However, their panel could have been titled, "Does the Bankruptcy
World Need Yet Another...
my last post , I posited whether the Court's decision in Stern v. Marshall would be a bombshell or a dud. It
certainly was no dud. And after reading the 5-4 opinion, I'd say that
it's a bombshell in several respects, both from a bankruptcy...
This Emerging Issues Analysis
examines whether, post-Stern v. Marshall, parties can consent to a bankruptcy
court's entry of final judgment in a related matter. The circuits are split on
the issue, with the Sixth Circuit denying the bankruptcy...