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Fifth Circuit Rules That Stern v. Marshall Does Not Invalidate Action By Magistrates

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. Marshall , ___ U.S. ___, 131 S.Ct. 2594 (2011). ...

Circuits Split Over Impact of Stern on Counterclaims

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 commenter pointed out a recent Seventh Circuit decision...

Stern v. Marshall: The Texas Cases

This is a paper that I did for the Austin Bar Association summarizing the Texas cases applying Stern v. Marshall to date. Please note that where the holding is indented, I am directly quoting the opinion. I also used the following key for highlighting certain decisions: *--If you only read a few...

Professor Kenneth N. Klee on the Aftermath of Stern v. Marshall: An Analysis of the Court's Ruling and a Discussion of Developing Case Law

Note: Case and statute links below are accessible by lexis.com subscribers 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 (b)(2)(C) is unconstitutional because it gives...