Litigation

A unanimous U.S. Supreme Court revived a personal injury lawsuit against a construction company, saying a federal appeals court was “too rigid” in applying a legal rule meant to ensure fairness in the judicial system.

Federal Circuit Reverses District Court’s Dismissal for Lack of Article III Standing Finding Plaintiffs Possessed a Non-Illusory Exclusionary Right Sufficient for Constitutional StandingFederal Circuit Vacates and Remands Infringement and Damages Judgments Due to Improper Single-Question Verdict Form Covering Multiple Patents, Vacates and Remands on §101 Alice Step Two for Failure to Instruct Jury on the Abstract Idea, and Affirms Patent Eligibility of Two Patents

In a closely followed venue dispute, the Bankruptcy Court for the District of New Jersey recently held that venue in the District was proper in the Chapter 11 cases of Multi-Color Corporation and its affiliates. The decision is significant because it offers an analytical framework for determining a debtor’s “principal assets” under section 1408 of the Bankruptcy Code.

In In re 33 Mako, the U.S. Bankruptcy Court for the Southern District of New York addressed the issue of whether an oversecured creditor may recover post-petition default interest under Section 506(b) of the Bankruptcy Code. In denying the debtor’s motion, the opinion offers meaningful guidance on the application of the five-factor equitable test used to evaluate default interest claims and clarifies how courts should weigh each factor.

Spirit Airlines’ shutdown was not merely another distressed-company filing, it was a real-time illustration of the limits of Chapter 11 in industries where value depends on uninterrupted operations, customer confidence, and constant liquidity.

Notable recent court filings in entertainment law.

The automatic stay that goes into effect when a bankruptcy petition is filed can be hard to process for someone who has been injured. The facts have not changed. The injury has not changed. But the path forward suddenly depends on a different court, applying a different set of priorities.

The combination of increasing operating costs and uncertain government reimbursement funding continues to place health care providers under financial pressure, and in many cases, financial distress. Given the importance of Medicare/Medicaid funding of claims under provider agreements with the federal government, how courts interpret and apply the interplay between the Bankruptcy Code and Medicare Program Act determines the disposition of hundreds of millions of dollars of claims for reimbursement that support the health care system.