THE BANKRUPTCY COURT’S RULING IS IN: J&J’S TEXAS TWO-STEP DOES NOT CONSTITUTE A BAD FAITH FILING

Last week this author delved into what has become known as the “Texas Two-Step,” the arguments for and against its permissibility and the broader implications for the bankruptcy system.  The discussion focused on an ongoing trial on motions filed in the bankruptcy case of LTL Management, LLC (“LTL” or the “Debtor”), a Johnson & Johnson (“J&J”) subsidiary, by the Official Committee of Talc Claimants and several other parties, seeking an order dismissing the Debtor’s case pursuant … Read the rest

Jackson submits Senate Judiciary questionnaire, prepares to start meeting with senators

Jackson submits Senate Judiciary questionnaire, prepares to start meeting with senators

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Just four days after President Joe Biden nominated her to succeed Justice Stephen Breyer, Judge Ketanji Brown Jackson submitted her responses to a questionnaire that the Senate Judiciary Committee will use as it considers her nomination. Her responses repeat many of the details in the questionnaire that she submitted in 2021 when she was nominated to her current position on the U.S. Court of Appeals for the District of Columbia Circuit. But Jackson’s Supreme Court questionnaire does provide new … Read the rest

Greenhouse gases and “major questions”: Justices to hear argument on EPA’s power to tackle climate change

Greenhouse gases and “major questions”: Justices to hear argument on EPA’s power to tackle climate change

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Three days after President Joe Biden named Judge Ketanji Brown Jackson as his nominee to succeed the retiring Justice Stephen Breyer, Breyer and his colleagues will return to the bench on Monday morning to hear oral argument in a case involving the Environmental Protection Agency’s authority to regulate greenhouse gases. Although the case hinges on a highly technical provision of the Clean Air Act, it nonetheless has the potential to be one of the most consequential cases in a … Read the rest

What do the Jamsek and Personnel Contracting High Court cases really mean for the future of contracts and the performance of work?

Most recent commentary on the recent High Court decisions in Jamsek and Personnel Contracting suggests that the Court has confirmed the primacy to be given to the terms of the written contract when determining the nature of the relationship between the parties. Whilst that is a fair observation, there is much more to the story. Key to understanding the real commercial impact of the two High Court cases for business is an appreciation of two matters.

First, neither of the … Read the rest

What senators are saying: Tracking reactions to Jackson’s nomination

What senators are saying: Tracking reactions to Jackson’s nomination

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After President Joe Biden’s nomination of Judge Ketanji Brown Jackson, attention now turns to the Senate’s advice-and-consent process. It takes a simple majority in the Senate to confirm a nominee to the court. The chamber is split 50-50, with Vice President Kamala Harris able to cast the decisive vote in the event of a tie.

Here’s how senators from both parties reacted to the nomination on Friday.

Key Democrats

Two moderate Democrats – Kyrsten Sinema of Arizona and Joe … Read the rest