In re: Whittaker Clark & Daniels Inc., Case Nos. 24-2210 & 24-2211 (3d Cir. 2025).
State court receivership order over out-of-state corporation does not divest corporate board of authority to file bankruptcy petition absent ancillary proceedings in state of incorporation, and additionally, successor liability claims against third parties constitute bankruptcy estate property under § 541(a)(1) when debtor could have asserted such claims pre-petition.
Albert v. Lierman, Case No. 24-1170 (4th Cir. 2025).
Maryland's failure to pay accrued interest on presumed abandoned property violates Takings Clause but Eleventh Amendment bars federal court orders requiring payment of pre-judgment interest as retroactive relief but permits prospective injunctions for post-judgment interest under Ex parte Young doctrine.
Gulf Coast Pharmaceuticals Plus, L.L.C. v. RFT Consulting, Inc., Case No. 24-60480 (5th Cir. 2025).
Contract provisions requiring parties to consent to personal jurisdiction and venue in a specified county do not constitute clear and unequivocal waiver of removal rights absent express language granting first-filing party exclusive forum selection authority.
Fugedi v. Initram, Inc., Case No. 24-40283 (5th Cir. 2025).
Section 1359 prohibits diversity jurisdiction being “manufactured” through sham trustee appointments where the trustee lacks legitimate function beyond offering citizenship for litigation purposes.
Ortega v. Office of the Comptroller of the Currency, Case No. 23-60617 (5th Cir. 2025).
Federal banking enforcement actions seeking civil penalties fall within the public rights exception to the Seventh Amendment because historically banking regulation has been exclusively determined by the legislative and executive branches without Article III court involvement since creation of the national banking system.
Abraham Watkins Nichols Agosto Aziz & Stogner v. Festeryga, Case No. 23-20337 (5th Cir. 2025).
Filing an anti-SLAPP motion that automatically stays discovery but is never set for hearing does not constitute the clear and unequivocal waiver of removal rights under the Fifth Circuit's demanding standard requiring defendants to manifest their intent for merits resolution through state courts.
Schnatter v. 247 Group, LLC, Case No. 24-5916 (6th Cir. 2025).
A party waives its right to arbitrate under an agreement when it seeks complete merits victory in the district court before moving to compel arbitration as doing so demonstrates conduct completely inconsistent with the intent to arbitrate.
Hoffmann Brothers Heating and Air Conditioning, Inc. v. Hoffmann Air Conditioning & Heating, LLC, Case No. 24-1289 (8th Cir. 2025).
District court properly instructed jury on sophisticated customer exception to the trademark infringement initial-interest confusion doctrine in family business dispute over names of competing companies.
Svenhard's Swedish Bakery v. Bakery and Confectionery Union and Industry International Pension Fund, Case No. 23-60045 (9th Cir. 2025).
Settlement agreements reducing debtor's payment obligations due to poor financial condition are contracts providing financial favors to satisfy debtor needs and constitute "financial accommodations" under 11 U.S.C. § 365(c)(2) making them non-assumable and non-assignable in bankruptcy proceedings.
True Oil, LLC v. Bureau of Land Management, Case No. 23-8082 (10th Cir. 2025).
Claims asserting surface estate rights to drill through federal mineral estate without government consent present property title disputes requiring exclusive adjudication under the Quiet Title Act and thus deprive federal courts of jurisdiction under the Administrative Procedure Act or the Declaratory Judgment Act.
CMYK Enterprises, Inc. v. Advanced Print Technologies, LLC, Case No. 24-13766 (11th Cir. 2025).
Federal Rule 41(a) permits dismissal only of entire actions, and uncertified partial summary judgments do not end the action as Rule 54(b) and Rule 41(a) operate to prevent partial voluntary dismissal of claims even when a district court grants summary judgment on some claims without granting Rule 54(b) certification.
