Whiting-Turner Contracting Co. v. Electric Mach. Enter., Inc. (02/23/07 – No. 06-13733)
11th Circuit Court of Appeals reversed the rulings of the Bankruptcy and District Courts that required certain parties to sue the Debtor in Bankruptcy Court rather than arbitrate those disputes as would otherwise have happened. The Court concluded that the subject matter of the arbitration was not a core proceeding that would justify arbitrating defendant’s claim did not inherently conflict with the underlying purpose of the Code.
California Appellate Districts
Circle Star Ctr. Assocs., LP v. Liberate Techs. (02/22/07 – No. A113024)
Orders sustaining demurrer to plaintiff’s cause of action for defamation and striking its claim for attorney fees is reversed as to the claim for attorney fees where plaintiff had a right to pursue the bankruptcy-related fees in state court as a matter of contract since dismissal of the bankruptcy case restored to the parties their preexisting rights and remedies.