In its June 2011 decision in Stern v. Marshall, the Supreme Court placed new restrictions on bankruptcy courts by holding that bankruptcy courts did not have jurisdiction to enter final orders on state law counterclaims brought against creditors. The Court viewed its decision as likely to have narrow implications, as evidenced by Chief Justice Roberts’ query “[i]f our decision today does not change all that much, then why the fuss?” Subsequent lower court decisions have made it clear, however, that the ramifications of the Stern v. Marshall decision have been anything but narrow. Recently, the Court has agreed to review another case involving jurisdictional issues. Its decision is likely to further narrow bankruptcy courts’ jurisdiction and thereby cause changes in the way bankruptcy cases are managed.
Monthly Archives: July 2013
Business Restructuring and Bankruptcy Alert: Upcoming Supreme Court case could weaken America’s bankruptcy courts
Under the guidance of Chicago Parnter Howard Swibel, Arnstein & Lehr sponsored the July 8 Anti-Defamation League Regional Centennial Celebration at the Standard Club in Chicago. The event celebrated the ADL’s 100 year history of dedication to the cause of combating anti-Semitism. The event, hosted by the Greater Chicago/Upper Midwest Region of ADL, featured remarks by Ira N. Forman, Special Envoy to Monitor and Combat Anti-Semitism, with the U.S. Department of State, and included special guest, Lisa Madigan, Illinois’ attorney general. The ADL was founded in 1913 by former Arnstein & Lehr Partner Sigmund G. Livingston. He served as its first president and was the author of the book Must Men Hate.
Arnstein & Lehr Chicago Associate Ashley Hayes Forte was recently nominated to serve on the associate board of the Center for Economic Progress, an Illinois not-for-profit corporation that seeks to assist hard-working, low-income families move from financial uncertainty to financial stability by offering free tax and financial services.
On July 11, Arnstein & Lehr Chicago Partner Michelle G. Novick spoke to the Lincoln Park Builders Club of Chicago on bank owned real estate through foreclosure, bankruptcy or alternative insolvency proceedings. The presentation addressed current market trends, the benefits of bankruptcy to the secured lender and the ability of a bank and/or investor to acquire property through an insolvency proceeding. Other speakers on the panel included Kaushik Shah with Urban Partnership Bank and Peter Freund and James Schumaker with ST Residential. The Lincoln Park Builders Club is comprised of real estate investors, developers and landlords from all neighborhoods of Chicago. The group meets twice a month and serves as a venue for members to exchange ideas, deepen relationships and learn from the experiences of others to help identify important issues, trends and opportunities.
Florida Governor Rick Scott signs public-private partnership bill, sponsored by Arnstein & Lehr partner, Senator Miguel Diaz de la Portilla
On Tuesday, July 23, Florida Governor Rick Scott ceremoniously signed House Bill 85, relating to public-private partnerships, alongside bill sponsors Senator Miguel Diaz de la Portilla, a partner in Arnstein & Lehr’s Miami office, and Representative Greg Steube; Miami Dade College President Dr. Eduardo J. Padrón; City of Miami Commission Chairman Marc Sarnoff; Latin Builders Association President Bernie Navarro; and Chairman of the Board of Associated Builders and Contractors of Florida Carlos Adavin,along with other community advocates.
The typical “take-home” plaintiff is a bystander such as the child who claims she was exposed to asbestos while playing in the basement where her father’s work clothes covered with asbestos dust were laundered. Across the United States, the battle lines are being drawn in these “take-home” or “household” asbestos cases. In a prior article, we examined how various courts around the country analyzed the issues of “duty” and “forseeability” presented by these cases.
The recent sequester of federal spending triggered automatic, across the board cuts in the federal budget. Included in these cuts is a 2% reduction in Medicare reimbursement to providers. The cuts went into effect on April 1, 2013. In the aftermath of sequestration, many private health insurance companies have attempted to reduce their reimbursement to […]
For more information please visit www.omwhealthlaw.com or click on the headline above.
The European Branch of The Chartered Institute of Arbitrators (CIArb) and Law Firm TARK GRUNTE SUTKIENE invite you to an exceptional legal training course Accelerated Route to Membership Course in International Commercial Arbitration.
The aim of the course is to develop the range of skills needed as an arbitrator. The training has been designed both for legally qualified professionals with substantial knowledge in international arbitration and for anyone wishing to be conversant with the international arbitration process generally whether as a party, advocate, witness or arbitrator. Training will be delivered over a period of two days, followed by a written examination. Successful completion of the course will enable participants to apply for full member grade at CIArb.
Bruce Reinhart authored the Houston Chronicle article, “Where Do We Go After The Zimmerman Verdict?
Click here to view the article.
Arnstein & Lehr Chicago Partner Barry R. Katz recently authored an article for Buildings Magazine titled, “Potential Property Pitfalls at Lease Renewal Time” that was published on July 15. Mr. Katz shares with readers how to avoid unnecessary problems and costs, as well as issues to address when considering a new lease.
To read the article in full, please click here.