intervention – Binding the Law

9 March 2018

United States Supreme Court holds safe harbor to bankruptcy trustee avoidance power does apply when financial institutions are mere conduits; allows the United States to participate in an original jurisdiction case between states involving a water compact; affirms dismissal of case based on statute passed during the appeals process mandating dismissal; and holds bankruptcy nonstatutory insider decisions are reviews for clear error.

by William Gaskill

8 June 2017

United Sates Supreme Court holds securities disgorgement orders are subject to a five-year limitations period; rejects joint and several liability for drug forfeitures; holds interveners must prove standing when seeking relief different from that sought by the plaintiff; holds church affiliated hospital retirement plans do not need to be created by the church to be exempt from ERISA; and vacates order requiring special elections in North Carolina racial gerrymander case.

by William Gaskill

1 June 2015

10th Circuit affirms nationwide permit to do utility work which destroys small amounts of wetlands; affirms denial of preliminary injunction in case asking for right for school districts to fund schools at desired levels without state interference; and upholds denial of power coop’s motion to intervene in rate jurisdiction case.

by William Gaskill