Round-Up: Stern v. Marshall

It’s been nearly two months since the Supreme Court released it’s “bombshell” decision in Stern v. Marshall, which held that bankruptcy courts may not issue final judgments for certain claims traditionally reserved for state or federal district courts.  Although the scope of the decision’s impact is still being sorted out, here’s a round-up of recent commentary on the case:

 

SCOTUSblog’s very comprehensive coverage includes analysis, oral argument recap, merits and amicus briefs, and the opinion and briefs from below.

 

Our firm’s take, focusing on the impact of the case for litigators is here. 

 

Businessweek notes that arguments over Stern are already hot and heavy in the Lehman Bros. bankruptcy.

 

Bankruptcy Beat highlights a recent ABI poll showing that 46% of respondents agree (and 46% disagree) with the Court’s decision. 

 

Stern may also have an impact beyond the bankruptcy realm.  Credit Slips focuses on how the decision might impact judicial deference to agency expertise. 

 

 

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