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ARTICLE · 17 DECEMBER 2008

Supreme Court Docket Report—Decision Alert—October Term 2008

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The Supreme Court granted certiorari on Friday, December 12th, in three cases of interest to the business community, two of which were consolidated: Bankruptcy—Subject Matter Jurisdiction of Bankruptcy Courts; Taxation—Constitution—Commerce Clause, Equal Protection Clause, and Tonnage Clause.

United StatesLitigation, Mediation & Arbitration
Andrew Tauber
Andrew Tauber
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Originally published December 15, 2008

Keywords: US Supreme Court, bankruptcy, subject matter jurisdiction, taxation, commerce clause, tonnage clause, asbestos, Traveler's Indemnity, Bailey, Polar Tankers, Valdez

The Supreme Court granted certiorari on Friday, December 12th, in three cases of interest to the business community, two of which were consolidated:

  • Bankruptcy—Subject Matter Jurisdiction of Bankruptcy Courts
  • Taxation—Constitution—Commerce Clause, Equal Protection Clause, and Tonnage Clause

Bankruptcy—Subject Matter Jurisdiction of Bankruptcy Courts

The Supreme Court consolidated and granted certiorari in two cases, Traveler's Indemnity Co. v. Bailey (No. 08-295) and Common Law Settlement Counsel v. Bailey (No. 08-307), to resolve a major issue in bankruptcy law: the scope of a bankruptcy court's authority to enjoin lawsuits seeking recovery against a debtor's insurance companies.

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