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Choice of Law Issues in the Hyundai & Kia Fuel Economy Litigation: Toward a New Predominance Analysis?

USA - February 12 2018 On January 23, 2018, a panel of the Ninth Circuit Court of Appeals decertified a class of car owners in a nationwide class action settlement arising...

Caroline E. Parke, Kevin C. Maclay.


The First Circuit Joins Several Other Circuit Courts in Finding That Creditors’ Committees Have an Unconditional Right to Intervene in Adversary Proceedings

USA - January 23 2018 On September 22, 2017, the First Circuit Court of Appeals held that 1109(b) of the Bankruptcy Code (the “Code”) provides a creditors’...

Sally J. Sullivan, Kevin C. Maclay.


Delaware Bankruptcy Court Reaffirms the Viability of Class Proofs of Claim in PacSun Bankruptcy

USA - July 18 2016 On June 22, 2016, the Bankruptcy Court for the District of Delaware allowed a putative creditor class to file a class proof of claim in the In re...

Sally J. Sullivan, Kevin C. Maclay.


Products Liability Plaintiffs Prevented From Seeking Recovery Against New GM Because the Bankruptcy Court Found Their Claims Were Not Assumed by New GM

USA - April 26 2016 On April 15, 2016, the Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court") halted the attempt of plaintiffs who were...

Jeanna Rickards Koski.


Third Circuit rules failure to appeal leaves union and its retirees without a remedy

USA - September 9 2014 On August 28, 2014, the Court of Appeals for the Third Circuit delivered a Stern admonition about the risk of failing to appeal when it ruled that a...

James P. Wehner, Kevin C. Maclay.