Category Archives: Supreme Court Case Updates

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Protecting Exclusive Distribution Rights for Patented Products and Other Licensed IP

This post originally appeared as an article in the July/August 2020 issue of the Journal of Corporate Renewal (JCR), the official publication of the Turnaround Management Association (TMA). The ability of companies to continue as going concerns has become more challenging than ever. As companies pivot and move forward with product production and sales, they … Continue Reading

U.S. Supreme Court finds Muscogee (Creek) Nation’s Reservation Remains Intact For Purposes of Criminal Jurisdiction

The U.S. Supreme Court in a 5-4 decision on July 9, 2020 held that the State of Oklahoma lacked jurisdiction to prosecute an enrolled member of the Seminole Tribe of Oklahoma because the crimes he was accused of committing occurred within the Muscogee (Creek) Reservation.… Continue Reading

Supreme Court Holds that Bankruptcy Courts can Adjudicate Stern Claims

In a 6-3 ruling, the U.S. Supreme Court held that bankruptcy courts have the authority to adjudicate Stern claims so long as the litigant parties provide “knowing and voluntary consent.”  This decision in Wellness International Network, et. al. v. Richard Sharif  provides much needed guidance as to the breadth and applicability of the Supreme Court’s … Continue Reading

Canonized Credit-Bidding: The Supreme Court Unanimously Affirms Secured Creditor’s Right to Credit-Bid at Free and Clear Sale in Plan

By Michael M. Lauter  On May 29, 2012, the Supreme Court ruled 8-0 that a debtor could not confirm a plan over a secured creditor’s objection if the plan provided for the sale of the secured creditor’s collateral free and clear of liens, but did not provide the secured creditor with the option of credit-bidding at … Continue Reading
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