A 'Narrow' Decision That Has Caused Jurisdictional Mayhem
Law360, New York ( February 11, 2015, 10:25 AM EST) -- On June 23, 2011, the Supreme Court of the United States issued what it referred to as a "narrow" decision in Stern v. Marshall. This decision limited the power of bankruptcy courts to enter final judgments on counterclaims based on state law causes of action that were not necessarily resolved in the claims adjudication process. Since the Supreme Court issued this ruling, parties and courts throughout the country have grappled with the complex jurisdictional issues raised by the decision. While the Supreme Court answered one question this year when it decided Executive Benefits Insurance Agency v. Arkison, 134 S. Ct. 2165, many more questions remain, at least one of which is likely to be addressed by the Supreme Court in 2015....
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