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Expert Analysis

In Tronox, 2nd Circ. Sends Clear Message About Injunctions

By Jack Haake, Foley & Lardner LLP ( May 5, 2017, 3:05 PM EDT) -- Does a court of appeals have appellate jurisdiction over a post-judgment order, merely interpreting and enforcing a final bankruptcy injunction, in the absence of an award of sanctions for noncompliance? The Second Circuit said no in In re Tronox Inc. , No. 16-343, (2d Cir. Apr. 20, 2017), holding that the district court's order was neither final for purposes of 28 U. S. C. § 1291 nor appealable as an interlocutory order under 28 U. S. C. § 1292(A)(1). After Tronox, entities dissatisfied with a district court's interpretation of an injunction must choose either to comply with the injunction as interpreted by the district court or risk sanctions if they believe the district court erred. . . .

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