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Lawyers Weigh In on High Court’s Arkison Ruling

Law360

  • June 9, 2014
The U.S. Supreme Court on Monday affirmed a Ninth Circuit ruling that permits bankruptcy judges to make recommendations on certain matters that may later be adopted by a federal court. Here, attorneys tell Law360 why the decision is significant.

Dennis J. Nolan discusses why the Ninth Circuit ruling is significant:

Although the Supreme Court told us Stern was limited to its holding, its decision today in EBIA demonstrates that Stern was really a jurisdictional game-changer. And the fact that the court left open the hotly-debated post-Stern question of implied consent where the bankruptcy court lacks constitutional authority is perhaps a signal that this court supports the narrowest interpretation of bankruptcy court jurisdiction.”

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