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case roundup – cir 10, 11

10th cir

In re: Aramark Leisure Servs. v. Kendrick, No. 07-4120

In a special proceeding under the Limitation of Vessel Owner’s Liability Act arising from a boating accident, and involving coverage for the accident, a judgment finding that plaintiff-vessel owner’s insurer was required to provide primary coverage to the vessel operator is reversed and remanded where: 1) there was federal subject matter jurisdiction over the matter; and 2) the district court erred in holding the insurer liable to the operator, as the insurer had a valid escape clause and the operator has no claim against it that he is required to exhaust under Utah Code Ann. section 31A-28-213(1)(a).

11th cir

Trusted Net Media Holdings, LLC v. Morrison Agency, Inc., No. 07-13429

The requirements of 11 U.S.C. section 303(b) for filing an involuntary bankruptcy petition must be satisfied in order for the bankruptcy court to have subject matter jurisdiction over an involuntary bankruptcy case.

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