After the Supreme Court affirmed a Ninth Circuit ruling in Executive Benefits Ins. Agency v. Arkison
on June 9 that permits bankruptcy judges to make recommendations in certain matters that may later be adopted by a federal court, but side-stepped the issue of whether Article III of the Constitution permits a bankruptcy court to make final rulings in that matter if the parties consent, Dennis J. Nolan
, Chair of Anderson Kill's Bankruptcy and Restructuring Group, commented as follows in Law360:
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.
Read more: Lawyers Weigh in on High Court's Arkison Ruling
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Anderson Kill practices law in the areas of Insurance Recovery, Commercial Litigation, Environmental Law, Estate, Trusts and Tax Services, Corporate and Securities, Antitrust, Banking and Lending, Bankruptcy and Restructuring, Real Estate and Construction, Foreign Investment Recovery, Public Law, Government Affairs, Employment and Labor Law, Captive Insurance, Intellectual Property, Corporate Tax, Hospitality, and Health Reform. Recognized nationwide by Chambers USA for Client Service and Commercial Awareness, and best-known for its work in insurance recovery, the firm represents policyholders only in insurance coverage disputes - with no ties to insurance companies and has no conflicts of interest. Clients include Fortune 1000 companies, small and medium-sized businesses, governmental entities, and nonprofits as well as personal estates. Based in New York City, the firm also has offices in Ventura, CA, Stamford, CT, Washington, DC, Newark, NJ, and Philadelphia, PA.
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Carol A. Ueckerman