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Monday’s arguments in Lac du Flambeau Band v. Coughlin revealed a bench deeply skeptical of the argument that Native American tribes should be exempt from the automatic stay of the Bankruptcy Code even though the federal and state governments are not. The case involves an online payday lending oper
The case is one of the simplest the justices will hear this year, because it involves no constitutional questions and, in truth, only the interpretation of a single phrase of a single statutory provision.
Monday’s arguments in Lac du Flambeau Band v Coughlin takes the justices back once again to the question of tribal immunity. The specific question in this case is whether the Bankruptcy Code is sufficiently clear to abrogate the sovereign immunity of a federally recognized Indian tribe. To put the
If the justices’ comments during Wednesday’s argument in New York v. New Jersey shed any light on whether New Jersey has a unilateral right to withdraw from the commission that regulates the Port of New York and New Jersey, New York is facing an uphill battle in convincing the justices that it can f
At first glance, Wednesday’s decision in MOAC Mall Holdings LLC v. Transform Holdco LLC resolves a technical question of bankruptcy law, holding that courts should not treat as “jurisdictional” a provision limiting the relief available when an appellate court disagrees with a trial court order auth