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  • Commentaries
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3d Circuit Case Commentaries

Finality of § 363(b) Sales and the Limits on Non-Consensual Third-Party Releases in Chapter 11 Plans

Finality of § 363(b) Sales and the Limits on Non-Consensual Third-Party Releases in Chapter 11 Plans

Date: May 14, 2025
Finality of § 363(b) Sales and the Limits on Non-Consensual Third-Party Releases in Chapter 11 Plans Introduction This commentary examines the Third Circuit’s May 13, 2025 decision in In re Boy...
Statutory Mootness Under §363(m): Limiting Challenges to Plan-Incorporated §363 Sales

Statutory Mootness Under §363(m): Limiting Challenges to Plan-Incorporated §363 Sales

Date: May 14, 2025
Statutory Mootness Under §363(m): Limiting Challenges to Plan-Incorporated §363 Sales Introduction This appeal arises from the confirmation of the Chapter 11 Plan of Reorganization for Boy Scouts of...
Statutory Finality of § 363 Sales and Limits on Nonconsensual Releases in Chapter 11: In re Boy Scouts of America and Delaware BSA, LLC

Statutory Finality of § 363 Sales and Limits on Nonconsensual Releases in Chapter 11: In re Boy Scouts of America and Delaware BSA, LLC

Date: May 14, 2025
Statutory Finality of § 363 Sales and Limits on Nonconsensual Releases in Chapter 11: In re Boy Scouts of America and Delaware BSA, LLC Introduction In May 2025, a divided Third Circuit issued a...
Section 363(m) Finality and Non-Consensual Third-Party Releases: Boy Scouts Chapter 11 Plan Decision

Section 363(m) Finality and Non-Consensual Third-Party Releases: Boy Scouts Chapter 11 Plan Decision

Date: May 14, 2025
Section 363(m) Finality and Non-Consensual Third-Party Releases: Boy Scouts Chapter 11 Plan Decision Introduction In In re Boy Scouts of America and Delaware BSA, LLC, the Third Circuit addressed...
Bankruptcy §363(m) Reins in Challenges to Non-Consensual Third-Party Releases: Commentary on Boy Scouts of America Appeals

Bankruptcy §363(m) Reins in Challenges to Non-Consensual Third-Party Releases: Commentary on Boy Scouts of America Appeals

Date: May 14, 2025
Bankruptcy §363(m) Reins in Challenges to Non-Consensual Third-Party Releases: Commentary on Boy Scouts of America Appeals Introduction The Boy Scouts of America and Delaware BSA, LLC filed Chapter...
Statutory Finality of Bankruptcy Sales Under Section 363(m): Boy Scouts Insurance Trust Confirmation

Statutory Finality of Bankruptcy Sales Under Section 363(m): Boy Scouts Insurance Trust Confirmation

Date: May 14, 2025
Statutory Finality of Non-Stayed §363(b) Sales: Boy Scouts Appellate Commentary Introduction In May 2025 the Third Circuit issued a precedential opinion in the consolidated appeals arising from the...
Statutory Appeal Limitations and Third-Party Releases in Chapter 11: §363(m) vs. Harrington

Statutory Appeal Limitations and Third-Party Releases in Chapter 11: §363(m) vs. Harrington

Date: May 14, 2025
Statutory Appeal Limitations and Third-Party Releases in Chapter 11: §363(m) vs. Harrington Introduction In May 2025, a divided Third Circuit panel resolved a complex Chapter 11 dispute arising from...
Statutory Finality of § 363(b) Sales and Insulation of Non-Consensual Third-Party Releases in Chapter 11 Plans

Statutory Finality of § 363(b) Sales and Insulation of Non-Consensual Third-Party Releases in Chapter 11 Plans

Date: May 14, 2025
Statutory Finality of § 363(b) Sales and Insulation of Non-Consensual Third-Party Releases in Chapter 11 Plans Introduction These consolidated appeals arise from the Boy Scouts of America’s (BSA)...
Statutory Mootness Under § 363(m) and the Finality of Bankruptcy Plan Sales with Non-Consensual Third-Party Releases

Statutory Mootness Under § 363(m) and the Finality of Bankruptcy Plan Sales with Non-Consensual Third-Party Releases

Date: May 14, 2025
Statutory Mootness Under § 363(m) and the Finality of Bankruptcy Plan Sales with Non-Consensual Third-Party Releases Introduction In In re Boy Scouts of America and Delaware BSA, LLC, the Third...
Precise Pleading of EEOC Charges Under the ADEA: Timing and Substance

Precise Pleading of EEOC Charges Under the ADEA: Timing and Substance

Date: May 13, 2025
Precise Pleading of EEOC Charges Under the ADEA: Timing and Substance Introduction This commentary examines the Third Circuit’s decision in Glenda Dianne Brooks v. Harrisburg Area Community College,...
Enforceability of “Any Breach” Carve-Outs in Covenants Not to Sue

Enforceability of “Any Breach” Carve-Outs in Covenants Not to Sue

Date: May 13, 2025
Enforceability of “Any Breach” Carve-Outs in Covenants Not to Sue Introduction In Stony Battery RD Property Owner LLC v. QVC Inc., the Third Circuit addressed the scope and enforceability of a...
Limiting Section 1983 and Title VII Actions: Sovereign Immunity, State-Actor Doctrine, and Res Judicata in Michael Kissell v. Pennsylvania Office of the Budget

Limiting Section 1983 and Title VII Actions: Sovereign Immunity, State-Actor Doctrine, and Res Judicata in Michael Kissell v. Pennsylvania Office of the Budget

Date: May 13, 2025
Limiting Section 1983 and Title VII Actions: Sovereign Immunity, State-Actor Doctrine, and Res Judicata in Michael Kissell v. Pennsylvania Office of the Budget Introduction In Michael Kissell v....
Wyatt v. SCI-Mahanoy: Pleading Standards for Collective Prison Lockdowns Under the Eighth and Fourteenth Amendments

Wyatt v. SCI-Mahanoy: Pleading Standards for Collective Prison Lockdowns Under the Eighth and Fourteenth Amendments

Date: May 10, 2025
Wyatt v. SCI-Mahanoy: Pleading Standards for Collective Prison Lockdowns Under the Eighth and Fourteenth Amendments Introduction In Tariq Wyatt v. Superintendent Mahanoy SCI, the United States Court...
Self-Serving Affidavits, Implied Covenant, and Unjust Enrichment: Daimler v. Moehle Precedent

Self-Serving Affidavits, Implied Covenant, and Unjust Enrichment: Daimler v. Moehle Precedent

Date: May 10, 2025
Self-Serving Affidavits, Implied Covenant, and Unjust Enrichment: Daimler v. Moehle Precedent 1. Introduction Eric Daimler and Chris Moehle, both early-stage robotics investors, formed two joint...
New Legal Rule: IDEA Procedural Victory Confers Prevailing-Party Status for Fee Awards

New Legal Rule: IDEA Procedural Victory Confers Prevailing-Party Status for Fee Awards

Date: May 10, 2025
New Legal Rule: IDEA Procedural Victory Confers Prevailing-Party Status for Fee Awards Introduction Micayla Augustyn v. Wall Township Board of Education is a 2025 Third Circuit decision that...
Prevailing Party Status Under IDEA: Attorneys' Fees for Procedural Victories

Prevailing Party Status Under IDEA: Attorneys' Fees for Procedural Victories

Date: May 10, 2025
Prevailing Party Status Under IDEA: Attorneys' Fees for Procedural Victories Introduction Micayla Augustyn v. Wall Township Board of Education (3rd Cir. 2025) addresses whether a student who...
Execution Sales vs. Judicial Sales: Clarifying Rule 69(a) and 28 U.S.C. § 2001 in Federal Mortgage Foreclosure

Execution Sales vs. Judicial Sales: Clarifying Rule 69(a) and 28 U.S.C. § 2001 in Federal Mortgage Foreclosure

Date: May 9, 2025
Execution Sales vs. Judicial Sales: Clarifying Rule 69(a) and 28 U.S.C. § 2001 in Federal Mortgage Foreclosure 1. Introduction United States Bank N.A., as Trustee for holders of a commercial mortgage...
Scope of Range Limited: Felons with Extensive Criminal Histories Can't Use As-Applied Second Amendment Challenges to 18 U.S.C. §922(g)(1)

Scope of Range Limited: Felons with Extensive Criminal Histories Can't Use As-Applied Second Amendment Challenges to 18 U.S.C. §922(g)(1)

Date: May 9, 2025
Scope of Range Limited: Felons with Extensive Criminal Histories Can't Use As-Applied Second Amendment Challenges to 18 U.S.C. §922(g)(1) Introduction The Third Circuit’s decision in United States v....
Broad Interpretation of “With Respect to Any Software” in Retention Holdback Agreements to Include Hardware Sales with Integrated IP

Broad Interpretation of “With Respect to Any Software” in Retention Holdback Agreements to Include Hardware Sales with Integrated IP

Date: May 9, 2025
Broad Interpretation of “With Respect to Any Software” in Retention Holdback Agreements to Include Hardware Sales with Integrated IP Introduction James Bailey v. Tektronix Inc. (3d Cir. May 8, 2025)...
Clarification of Jurisdictional and Evidentiary Standards in I-130 Marriage Fraud Denials Under 8 U.S.C. §1154(c)

Clarification of Jurisdictional and Evidentiary Standards in I-130 Marriage Fraud Denials Under 8 U.S.C. §1154(c)

Date: May 9, 2025
Clarification of Jurisdictional and Evidentiary Standards in I-130 Marriage Fraud Denials Under 8 U.S.C. §1154(c) Introduction In Stacey Watson v. Attorney General United States of America, No....
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