Ninth Circuit: Bankruptcy Court Retains Jurisdiction Despite Unauthorized Petition

The Ninth Circuit Court of Appeals ruled that a bankruptcy court retained jurisdiction over a case despite the filing of an unauthorized petition. This decision clarifies jurisdictional boundaries in bankruptcy proceedings involving complex corporate structures and multiple related entities.

Ninth Circuit Opinion: Bankruptcy Jurisdiction and Corporate Authority

The Ninth Circuit Court of Appeals issued an opinion regarding subject-matter jurisdiction and corporate authority in a bankruptcy case involving Parks Diversified, L.P. The court addressed multiple appeals related to the dismissal of certain claims and the scope of corporate authority in bankruptcy proceedings.

Pinilla Perez v. Bondi - Noncitizen Removal Proceedings Deadline

The Second Circuit Court of Appeals granted a petition challenging the Board of Immigration Appeals' denial of a motion to reopen removal proceedings. The court found the BIA provided insufficient reasons for denying equitable tolling of the 90-day deadline for filing such motions.

US v. Cardenas - Court of Appeals Opinion

The Second Circuit Court of Appeals vacated the conviction of Jey James Roldan Cardenas for conspiracy to import cocaine. The court found that the district court erred in excluding evidence relevant to Cardenas's state of mind, potentially impacting his defense.

Lanesborough 2000 LLC v. Nextres LLC - Court Opinion

The Second Circuit Court of Appeals decided Lanesborough 2000 LLC v. Nextres LLC, affirming in part and vacating in part a district court's judgment on an arbitration award. The court found the contractual waiver of the right to appeal ambiguous and remanded the case for further proceedings regarding an injunction of a state-court action.

Broadcast Music v. North American Concert Promoters - Antitrust Licensing Fees

The Second Circuit Court of Appeals vacated a district court's decision regarding music licensing fees set by Broadcast Music, Inc. (BMI) for the North American Concert Promoters Association (NACPA). The court found the district court imposed unreasonable rates and an expanded definition of gross revenues, remanding the case for further proceedings.

Care One LLC v. NLRB - Court Opinion on Unfair Labor Practice Proceedings

The Second Circuit Court of Appeals affirmed a district court's denial of a preliminary injunction sought by Care One LLC and its affiliates. The healthcare facilities sought to halt NLRB proceedings, arguing the ALJ was unlawfully appointed and protected from removal. The court found the plaintiffs could not demonstrate irreparable harm.

24-149_opn.pdf

24-149_opn.pdf

US v. Woods - Competency to Stand Trial Ruling

The Second Circuit affirmed a district court's order extending a defendant's hospitalization beyond the initial four-month period for competency restoration. The ruling clarifies the application of 18 U.S.C. § 4241(d)(2)(B) regarding continued hospitalization when a defendant is found incompetent to stand trial.

Duke v. Luxottica - ERISA Retirement Plan Class Action

The Second Circuit Court of Appeals ruled on an ERISA class action against Luxottica, concerning allegations of outdated actuarial assumptions in calculating retirement plan benefits. The court affirmed the plaintiff's standing for plan reformation but reversed the monetary payment claim, and held that the effective vindication doctrine precludes mandatory arbitration for claims on behalf of the plan.