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Equitable Mootness on the Ropes

USA - August 30 2021 Earlier this month - citing the “virtually unflagging obligation” of an Article III appellate court to exercise its subject matter jurisdiction - the…

When Potentially Violating “Gatekeeping” Orders, Asking for Permission May Be Easier (And Cheaper!) Than Begging for Forgiveness

USA - August 13 2021 Judge Stacey Jernigan did not mince words in a recent opinion sanctioning the former CEO of Highland Capital Management, LP. Entities related to the…

Maxwell K. Weiss

Maryland Court Discharges Student Debt

USA - July 2 2021 As we reported, on June 21, 2021, the U.S. Supreme Court declined to revisit the rigid Brunner standard for determining “undue hardship” capable of…

Maxwell K. Weiss

Supreme Court Declines to Revisit Overly Rigid Standard for Discharge of Student Loans in Bankruptcy

USA - June 23 2021 On Monday, the United States Supreme Court denied Thelma McCoy’s petition for a writ of certiorari to the United States Court of Appeals for the…

Blurred Immunity: California Cannot Escape Adversary Proceeding on Grounds of Sovereign Immunity

USA - June 1 2021 In 2018, the liquidating trustee for Venoco, LLC and its affiliated debtors (collectively, the “Debtors”) commenced an action in the United States…