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Discrimination › Bankruptcy Court

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Carlton Fields

Florida Appeals Court Decisions Week of August 11 - 15, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Huggins v. Manatee Sch Dist - First Amendment, qualified immunity, amending pleadings - Andre v. Clayton Cnty - Atlanta airport random searches, constitutional challenge,...more

Greenberg Glusker LLP

Sovereign Immunity and Younger Abstention Doctrine Don’t Protect States from Antidiscrimination Provisions

Greenberg Glusker LLP on

The Ninth Circuit Bankruptcy Appellate Panel (“BAP”) has held for the first time that neither sovereign immunity nor the Younger abstention doctrine constrain bankruptcy courts from enjoining State governmental disciplinary...more

Pillsbury Winthrop Shaw Pittman LLP

Emphasizing Administrative Finality, Court Will Not Require the Reissuance of Checks Not Cashed by Prescribed Deadlines

Pillsbury Winthrop Shaw Pittman LLP on

Administrative deadlines in mass tort settlements are enforceable and binding­—courts will uphold them even when millions of dollars are at stake and international claimants are involved. Electronic notification through...more

Fox Rothschild LLP

A New Standard For Chapter 11 Cramdown Plans – The Third Circuit Court Of Appeal’s Refusal To Strictly Enforce Subordination...

Fox Rothschild LLP on

The Bankruptcy Code provides that subordination agreements are enforceable in bankruptcy to the same extent that such agreements are enforceable under non-bankruptcy law. 11 U.S.C. § 510(a). However, Section 1129(b)(1) of...more

Patterson Belknap Webb & Tyler LLP

Rough Justice: Third Circuit Issues Important Decision on Unfair Discrimination

Patterson Belknap Webb & Tyler LLP on

“Unfair discrimination is rough justice. It exemplifies the Code’s tendency to replace stringent requirements with more flexible tests that increase the likelihood that a plan can be negotiated and confirmed,” announced Judge...more

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