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The First Circuit's Non-Unanimous Rejection o the Blanket Rule on Stay Relief Denials
Are orders denying relief from the automatic stay pursuant to Section 362 of the Bankruptcy Code considered final and, therefore, appealable as of right? This was the issue of first impression that was recently presented to the U.S. Court of Appeals for the First Circuit in Pinpoint I Services, LLC v. Rivera (In re Atlas IT Export Corp.), 761 F.3d 177 (1st Cir. 2014). Until this decision, it was a question with a predictable answer ' yes. Predictable, because seven of the eight circuit courts that have considered this issue have reached the same result ' yes, such orders are final and appealable.
The First Circuit, however, mindful of avoiding the apparently observable herding phenomenon, rejected the blanket-rule approach in favor of what it describes as a more nuanced one which requires courts to be mindful of the multiple layers and many moving parts inherent in bankruptcy litigation while scouting for “finality indicators.” This article explores the reasoning behind the First Circuit's decision to create a circuit split rather than deciding the question presented by ruling on the merits.
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New York's Latest Cybersecurity Commitment
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Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.