FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd., Case No. 24-345 (S. Ct. 2026).
Section 47(b) of the Investment Company Act does not impliedly create a private right of action allowing private parties to sue for rescission of contracts allegedly violating the act.
Keathley v. Buddy Ayers Construction, Inc., Case No. 25-6 (S. Ct. 2026).
Courts must apply a totality‑of‑the‑circumstances inquiry rather than the Fifth Circuit’s rigid test limited to knowledge of the facts and hypothetical motive to conceal when evaluating whether a debtor’s failure to schedule a civil claim in an ongoing bankruptcy was “inadvertent or mistaken” for purposes of judicial estoppel.
Gelis v. BMW of North America, LLC, Case No. 24-2721 (3d Cir. 2026).
The strict limitations on lodestar multipliers from Perdue v. Kenny A. ex rel. Winn, 559 U.S. 542 (2010), and related statutory fee‑shifting jurisprudence apply equally to contractual fee‑shifting awards, and multipliers are permissible only in rare, specifically justified circumstances, even when a settlement agreement provides for “reasonable attorneys’ fees” governed by federal law and the court uses the lodestar method.
Gannon v. Texas Department of Transportation, Case No. 25-20244 (5th Cir. 2026).
A plaintiff who cannot establish a sufficient enforcement nexus between a state official and the challenged law fails to satisfy the Ex parte Young exception and thus lacks jurisdiction in federal court to pursue claims barred by state sovereign immunity.
In re: Falkner, Nos. 25-2878 & 25-2879 (7th Cir. 2026).
Section 1325(b)(1)(B) permits a Chapter 13 plan to devote projected disposable income to payment of debtors’ bankruptcy counsel ahead of nonpriority unsecured creditors because attorneys’ fees are unsecured claims payable “under the plan,” and counsel need not file a proof of claim to be paid from plan distributions.
Boyd v. Deadwood Tobacco Co., Case No. 25-1659 (8th Cir. 2026).
Lanham Act trademark infringement claims arising from the parties’ use and allocation of marks “arise out of” a stock purchase agreement when adjudicating ownership and goodwill necessarily requires interpreting that agreement and its forum-selection clause.
Mercy Health Network v. Mercy Hospital, Iowa City, Case No. 25-1654 (8th Cir. 2026).
An unsecured creditor that has opted out of third‑party releases and shows only speculative, indirect effects from debtor releases is not a “person aggrieved” and therefore lacks standing to appeal confirmation of a Chapter 11 plan.
