Appeals

Appeals Court Reverses Ruling on Texas Law Granting Police Broad Powers in Arresting Migrants

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Houston, Texas – The 5th U.S. Circuit Court of Appeals has overturned a lower court ruling that temporarily halted a Texas law allowing police to arrest migrants suspected of illegally entering the United States. The decision has granted a temporary administrative stay for seven days, giving the federal government time to appeal to the Supreme Court. If the Supreme Court does not intervene, the law will go into effect on March 9. Last week, U.S. District Judge David Ezra blocked the Texas law, which was supposed to take effect on March 5, marking a victory … Read more

Court of Appeals Ruling Sets Precedent, Limiting Use of Bankruptcy for Litigation Shielding

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Philadelphia, PA – The Third Circuit Court of Appeals handed down a decision today that could significantly impact future bankruptcy filings. The court ordered the dismissal of the Chapter 11 bankruptcy case filed by LTL Management LLC, an affiliate of Johnson & Johnson. LTL had filed for bankruptcy after completing a divisional merger, which left it with the responsibility of managing Johnson & Johnson’s talc liabilities. They sought bankruptcy protection along with an injunction to shield Johnson & Johnson and its other affiliates from ongoing talc litigation. However, an Official Committee of Talc Claimants and … Read more

Chicago Appeals Judge’s Ruling on Real Estate Transfer Tax Increase for Homelessness Funding

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Chicago, Illinois – The city of Chicago is preparing to challenge a recent ruling by Circuit Court Judge Kathleen Burke that struck down a proposal by Mayor Brandon Johnson to increase the real estate transfer tax on high-end property sales. The mayor’s plan aimed to generate $100 million annually in revenue to combat homelessness. Following the judge’s declaration that the binding referendum on the tax increase was invalid, the city swiftly filed a motion requesting a stay on the ruling while it appeals. In its motion, the city argues that there is a substantial case … Read more

Third Circuit Court of Appeals Dismisses Johnson & Johnson Affiliate’s Chapter 11 Bankruptcy Case, Highlights Impact on Future Filings

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Philadelphia, PA – The Third Circuit Court of Appeals issued a landmark ruling today, dismissing a Chapter 11 bankruptcy case filed by Johnson & Johnson affiliate LTL Management LLC. This decision is expected to have far-reaching implications for future bankruptcy filings of a similar nature. The bankruptcy case stemmed from a multi-step divisional merger conducted under Texas law. Following the merger, LTL became responsible for J&J’s talc liabilities, but did not possess any operating assets. In October 2021, LTL filed for Chapter 11 bankruptcy and sought an injunction from the bankruptcy court to protect J&J … Read more