Litigation

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Stephen Sather's Thoughts On The 'Constitutional Bombshell' High Court Dropped In Stern v. Marshall
Posted on 12 Jul 2011 by Stephen Sather

Since the Supreme Court dropped its constitutional bombshell on the bankruptcy system last week in Stern v. Marshall , 2011 U.S. LEXIS 4791 (2011) (aka Anna Nicole Smith II), [ enhanced version available to lexis.comsubscribers / unenhanced version available... Read More

Split High Court: Bankruptcy Courts Lack Constitutional Authority On Compulsory Counterclaims
Posted on 23 Jun 2011 by James Cordrey

WASHINGTON, D.C. - (Mealey's) A divided U.S. Supreme Court on June 23 affirmed a Ninth Circuit U.S. Court of Appeals ruling that a bankruptcy court lacks the constitutional authority to enter final judgment on compulsory counterclaims to proofs of... Read More

Steve Jakubowski: Supreme Court's Ruling In Stern v. Marshall A 'Bombshell'
Posted on 12 Jul 2011 by Steve Jakubowski

In 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... Read More

Professor Kenneth N. Klee Analyzes Supreme Court's Stern v. Marshall Ruling
Posted on 12 Jul 2011 by Kenneth Klee

In this Emerging Issues Analysis, Professor Kenneth N. Klee examines the Supreme Court's decision in Stern v. Marshall , 564 U.S. _____, 131 S. Ct. _____, 2011 U.S. LEXIS 4791 (2011), in which the Court struck down as unconstitutional 28 U.S.C. §... Read More