Second Circuit Doesn’t Compel a Liquidating Trustee to Arbitrate with an Insurer
Following the Supreme Court’s Morgan v. Sundance, the appeals court interpreted an arbitration agreement like any other contract, with no policy favoring arbitration over litigation.
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Faculty Biographies (2025 Annual Spring Meeting)
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Bill Rochelle’s Top 10 Daily Wires
Section 107 Governs Sealing of Court Documents, Not Common Law, Third Circuit Says
Section 107 more broadly protects trade secrets and confidential information than does common law.
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To Dismiss for ‘Loss or Diminution,’ the Focus Is on Losses After Filing, BAP Says
Losses before filing or during prior aborted reorganizations do not control dismissal of a new reorganization for ‘continuing loss or diminution,’ First Circuit BAP says.
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Nondebtor Releases Are Still Permissible in Chapter 15, Delaware Judge Says
Foreign reorganizations with nondebtor releases are not ‘manifestly contrary’ to public policy after Purdue, according to Delaware’s Bankruptcy Judge Thomas Horan.
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