Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Time to Revisit Equitable Mootness
Respected appellate judges have condemned the judicially created doctrine of “equitable mootness” for at least the past 20 years. That doctrine allows an appellate court to avoid reaching the merits of an appeal from a Chapter 11 plan confirmation order. See, e.g., In re Nordhoff Invs. v. Zenith Elecs. Corp., 258 F. 3d 180,185 (3d Cir. 2001) (“doctrine prevents ' court from unscrambling complex bankruptcy reorganization ' [plans] .”). In 1994, Judge Frank Easterbrook, speaking for the U.S. Court of Appeals for the Seventh Circuit, however, “banish[ed] 'equitable mootness' from the local “lexicon.” In re UNR Indus., 20 F. 3d 766, 769 (7th Cir. 1994). Most recently, Judge Cheryl Ann Krause of the U.S. Court of Appeals for the Third Circuit, in a concurring opinion on July 21, 2015, urged the court to “consider eliminating, or at the very least reforming equitable mootness.” In re One2One Communications, LLC, 2015 WL 4430302, at *7 (3d Cir. July 21, 2015). Two recent decisions from the U.S. Courts of Appeal for the Third and Ninth Circuits confirm why Judge Krause is right.
A lender's appeal from an order confirming a Chapter 11 debtor's cramdown reorganization plan is not equitably moot when the lender “diligently sought a stay” and the court could grant effective relief, held a split panel of the Ninth Circuit on July 1, 2015. In re Transwest Resort Properties, Inc., 2015 WL 3972917, at *1 (9th Cir. July 1, 2015) (2-1). Review of the lender's appeal would not unfairly affect “third parties or entirely unravel the plan,” reasoned the court when reversing the district court's dismissal and remanding to the district court for disposition of the merits. Similarly, in One2One Communications , because the “[confirmed] Plan did not involve the issuance of any publicly traded scurities, bonds, or other circumstances that would make it difficult to retract the plan, and because “of the limited evidence of potential third-party injury,” the Third Circuit reversed the district court's dismissal of the appeal on equitable mootness grounds, requiring the lower court to hear the merits. 2015 WL 4430302, at *6.
Applicable Standards
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.