Over time, equitable mootness, a court-created doctrine, had been consistently applied and embraced by appellate courts. The doctrine, as it has been applied, provides that appeals from orders confirming Chapter 11 plans will be considered moot ' and thus not subject to appellate review ' if: 1) a plan has been substantially consummated; and 2) granting appellate relief would unravel the plan or be inequitable to third parties relying on the order confirming the plan. Based on, and consistent with, decisions such as that of the U.S. Court of Appeals for the Second Circuit in In re Chateaugay , 94 F.3d 772, 776 (2d Cir. 1996), and the decision of the U.S. Court of Appeals for the Third Circuit in In re Continental Airlines , 91 F.3d 553, 560 (3d Cir. 1996) ( en banc ), the equitable mootness doctrine has been read broadly to create a presumption that if a plan has been substantially consummated, appeals of the confirmation order are equitably moot.
- November 02, 2015Gary L. Kaplan Jennifer L. Rodburg and Kalman Ochs
Who's doing what; who's going where
November 02, 2015ALM Staff | Law Journal Newsletters |TexasBarCLE 25th Annual Entertainment Law Institute
November 02, 2015ljnstaff | Law Journal Newsletters |Nevada's recent crackdown on fantasy sports operations could have a beneficial effect on New Jersey's latest bid to legalize sports betting, according to lawyers involved in the gaming industry.
November 02, 2015Michael BoothA recent ruling out of New Jersey represented a small but significant step in designating the bounds of permissible precedent under the "fairly debatable" standard, offering a measure of clarity to an area of the law still largely undefined in many 'jurisdictions.
November 02, 2015Daren S. McNally, Matthew I. Gennaro, John Vieira and James LaymanBrazil's push to fight corruption has been steadily gaining steam over the last year, as the wide-ranging Petrobras scandal has continued. Now the Petrobras scandal may become increasingly multinational as prosecutors have announced a U.S. 'connection that could make the DOJ and SEC active 'participants.
November 02, 2015Alex Bracket and Ryan BonistalliFederal Circuit: The PTAB Determination of the Timeliness of an IPR Petition Is Part of the Initial Decision to Institute an IPR, and Is Not Reviewable on Appeal
Federal Circuit: Laches Is an Affirmative Defense to Patent Infringement Codified in 35 U.S.C. '282November 02, 2015Jeffrey S. Ginsberg and Brent T. HagenIn-depth analysis of two major rulings.
November 02, 2015ALM Staff | Law Journal Newsletters |The author opines that If Chapter 11 were available to post-secondary schools, rehabilitation for those schools whose problems are balance-sheet issues but not academic or management, would be possible. The result, among others, would be to preserve the institution, the value of credits earned by students and the value of degrees confirmed to alumni.
November 02, 2015Victor A. VilaplanaOn Oct. 6 of this year, the European Court of Justice (ECJ) gave a very important judgment about EU data protection law in the so-called Schrems case, where it ruled that the EU Safe Harbor regime is invalid and that EU Member State data protection regulators have the power to investigate complaints about the adequacy of the level of protection of data transfers to the U.S.
November 02, 2015Andre Bywater and Gayle McFarlane