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Volume IX, Issue 17

April 30, 2026

 

Enbridge Energy, LP v. Nessel, Case No. 24-783 (2026).

The 30-day removal deadline in 28 U.S.C. § 1446(b)(1) is not subject to equitable tolling because the text, structure, and context of the removal statute demonstrate that Congress did not intend such tolling to apply.

 

Powell v. Ocwen Fin. Corp., Case No. 23-999 (2d Cir. 2026).

An ERISA-regulated plan that invests in residential mortgage-backed securities holds plan assets in the underlying mortgages only to the extent its investment constitutes an equity interest, such as a beneficial interest in a trust.

 

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Author

Manny Farach

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