Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

The Bankruptcy StrategistFeaturesBankruptcyLitigation

Landmines In Bankruptcy Appellate Practice, Part III

By Michael L. Cook
March 01, 2024

This is the third article in the series describing the current bankruptcy appeals boom (see, Part I and Part II). Appellate jurisdiction and finality are today's related topics.

Congress limited the jurisdiction of appellate courts in the plain language of the Judicial Code, saving appellate courts from unnecessary work: "The district courts [or any bankruptcy appellate court] … shall have jurisdiction to hear appeals (1) from final judgments… and (3) with leave of the court from other interlocutory orders …. The courts of appeals shall have jurisdiction of appeals from all final decisions, judgments …." 28 U.S.C. §§158(a), 158(d)(1) (emphasis added). When courts have made important exceptions in the past year, as shown here, they have either added a gloss on the Judicial Code, corrected lawyers' errors, filled in statutory gaps, or clarified the relevant statutory language.

|

Maxim Six: Appellate Courts Have Limited Jurisdiction

Court of Appeals Must Hear Merits of Appeal

This premium content is locked for Entertainment Law & Finance subscribers only

  • 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

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
How Secure Is the AI System Your Law Firm Is Using? Image

What Law Firms Need to Know Before Trusting AI Systems with Confidential Information In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.

COVID-19 and Lease Negotiations: Early Termination Provisions Image

During the COVID-19 pandemic, some tenants were able to negotiate termination agreements with their landlords. But even though a landlord may agree to terminate a lease to regain control of a defaulting tenant's space without costly and lengthy litigation, typically a defaulting tenant that otherwise has no contractual right to terminate its lease will be in a much weaker bargaining position with respect to the conditions for termination.

Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support Image

The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.

The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business Allies Image

Practical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.

Authentic Communications Today Increase Success for Value-Driven Clients Image

As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.