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).
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...
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...
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