Tag Archives: Supreme Court

Coudert Brothers Trust v. Baker & McKenzie, et al., No. 11-2785, 2011 U.S. Dist. LEXIS 110425 (S.D.N.Y. Sept. 23, 2011)

In Coudert Brothers, the Southern District of New York considered whether the parties impliedly consented to the bankruptcy court’s entry of a final order determining non-core claims it otherwise lacked constitutional authority to adjudicate under Stern v. Marshall.[i] Because the parties did not consent, the district court treated the bankruptcy court’s opinion as proposed findings of fact and conclusions of law, which the district court would review de novo. Continue reading

Development Specialists, Inc. v. Akin Gump Strauss Hauer & Feld LLP, No. 11 Civ 5994, 2011 WL 5244463 (S.D.N.Y Nov. 2, 2011)

The plan administrator for the estate of Coudert Brothers, LLP filed with the bankruptcy court thirteen separate adversary proceedings against ten law firms alleging that the law firms were liable to Coudert for “unfinished business” that several of Coudert’s former partners took with them to their new firms. After the Supreme Court issued its decision in Stern v. Marshall, the law firms moved the Southern District of New York to withdraw the bankruptcy reference and abstain from hearing the claims in favor of New York state courts or review the merits of the bankruptcy court’s denial of the firms’ motion to dismiss de novo. The court granted the motion to withdraw the reference, but denied the motion to abstain. Continue reading