A Survey Of State Law Regarding Forum-Selection Clauses

Introduction Often companies that contract with parties in various states are faced with litigation across various forums.  Being sued in federal and state courts across the United States can be expensive, time consuming and disruptive.  To help minimize this problem, ...
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Bankruptcy Courts Largely Silent On Whether They Can Police Their Own Limited Authority Under Stern V. Marshall

Almost a year has passed since the Supreme Court issued its landmark decision in Stern v. Marshall.[1]  And courts and commentators are all over the map about the limits that Stern placed on the bankruptcy courts’ authority.  Despite extensive published discourse regarding Stern’s constitutional importance, ...
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In Re: C.W. Mining Company, D/B/A Co-Op Mining Company, Debtor. Standard Industries, Inc.: C.O.P Coal Development Compant V. Aquila, Inc.: Kenneth A. Rushton, Trustee; C.W. Mining Company

(Originally posted to http://volo.abi.org/circuits/10th by Dan Glasser) Stay violation sanctions, authorized under 11 U.S.C. 105, may include monetary and non-monetary relief. To the extent that monetary sanctions are at issue, such relief is available under Bankruptcy Rule 9014 and no ...
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