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Volume IX, Issue 23

June 11, 2026

 

Harris v. W6LS, Inc., Case No. 24-2056 (7th Cir. 2026). 
Even though the underlying loan agreement remains otherwise valid, an arbitration and delegation provision that selects a then-nonexistent body of tribal contract law as the exclusive governing law for contract formation and arbitrability lacks mutual assent and is unenforceable.

 

Data Axle, Inc. v. Nolting, Case No. 25-2068 (8th Cir. 2026). 
A civil contempt order imposing per diem sanctions on a party in an ongoing action does not constitute a final, appealable decision under 28 U.S.C. § 1291 and does not satisfy the collateral order doctrine when it remains subject to revision and any monetary sanctions can be reviewed (and possibly recouped) after final judgment.

 

Berkshire v. Goodman, Case No. 26-6003 (B.A.P. 8th Cir. 2026). 
An appeal from an order approving a sale of real estate under 11 U.S.C. § 363 is statutorily moot under § 363(m) when the debtor fails to obtain a stay pending appeal, the sale closes to a good‑faith purchaser, and reversal or modification of the sale order would affect the validity of the completed sale.

 

Coffey v. Fast Easy Offer, LLC, Case No. 25-4066 (9th Cir. 2026). 
A communication qualifies as a “telephone solicitation” under the TCPA if one purpose for initiating the call or message is to encourage the purchase of goods or services, and even if the message does not explicitly mention a product or service, a plaintiff adequately pleads a violation of TCPA by alleging that the defendant’s outreach is part of a business model designed to steer respondents into purchasing brokerage services.

 

Smith v. Slott (In re: No Rust Rebar, Inc.), Case No. 24-13383 (11th Cir. 2026). 
A bankruptcy court may substantively consolidate a debtor and non-debtor alter ego entities into a single estate when the entities share substantial identity under the Eastgroup Properties v. Southern Motel Ass’n, 935 F.2d 245, 249–50 (11th Cir. 1991), factors.

 

Lil’ Joe Records, Inc. v. Ross, Case No. 24-13978 (11th Cir. 2026). 
An author’s copyright termination interests under 17 U.S.C. § 203 become property of the bankruptcy estate under 11 U.S.C. § 541 and cannot be exercised by the debtor post‑discharge, and cannot count toward the majority required to effect a valid termination of a multi‑author grant when those interests were unscheduled and unadministered during the bankruptcy.

 

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Manny Farach

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