36 Cited authorities

Klinghoffer v. S.N.C. Achille Lauro
921 F.2d 21 (2d Cir. 1990) Cited 414 times 2 Legal Analyses
Holding that "it continues to be true that only 'exceptional circumstances [will] justify a departure from the basic policy of postponing appellate review until after the entry of a final judgment.'"
In re Arochem Corporation
176 F.3d 610 (2d Cir. 1999) Cited 255 times
Holding that “we review the bankruptcy court decision independently, accepting its factual findings unless clearly erroneous but reviewing its conclusions of law de novo”
In re Adelphia Communications Corp.
365 B.R. 24 (Bankr. S.D.N.Y. 2007) Cited 100 times 3 Legal Analyses
Holding that the ordinary course of business defense raises factual issues not appropriate at the motion to dismiss stage
Picard v. Estate of Madoff
464 B.R. 578 (S.D.N.Y. 2011) Cited 50 times
Holding that a "controlling question of law" is one "in which reversal of the bankruptcy court's order would terminate the action or materially affect the outcome of the litigation."
Williston v. Eggleston
410 F. Supp. 2d 274 (S.D.N.Y. 2006) Cited 47 times
Holding that mere disagreement among the parties does not constitute a difference of opinion
In re Chateaugay Corp.
922 F.2d 86 (2d Cir. 1990) Cited 76 times
Finding that orders that resolve adversary proceedings within a bankruptcy action are immediately appealable
In re Pegasus Agency
101 F.3d 882 (2d Cir. 1996) Cited 63 times
Holding that a bankruptcy order is interlocutory unless it "completely resolve the issues pertaining to a discrete claim, including issues as to the proper relief"
In re Johns-Manville Corp.
824 F.2d 176 (2d Cir. 1987) Cited 73 times
Stating that the collateral order doctrine "is confined to `trial court orders affecting rights that will be irretrievably lost in the absence of an immediate appeal'"
In re Perry H. Koplik Sons, Inc.
377 B.R. 69 (S.D.N.Y. 2007) Cited 33 times
Finding that a bankruptcy court order that "did not address the merits of the parties' underlying disputes" was not a final order
In re World Trade Center Disaster Site Litigation
469 F. Supp. 2d 134 (S.D.N.Y. 2007) Cited 34 times
Denying certification where "substantial delay is a likely consequence of interlocutory appeal at this stage in the litigation"
Rule 54 - Judgment; Costs
Fed. R. Civ. P. 54 Cited 41,512 times 143 Legal Analyses
Holding party seeking fees may additionally seek "nontaxable expenses"
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,136 times 321 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 1292 - Interlocutory decisions
28 U.S.C. § 1292 Cited 22,386 times 196 Legal Analyses
Granting appellate jurisdiction over certain types of interlocutory orders
Section 158 - Appeals
28 U.S.C. § 158 Cited 18,169 times 57 Legal Analyses
Granting district courts appellate jurisdiction over "final judgments, orders, and decrees" of bankruptcy courts
Section 502 - Allowance of claims or interests
11 U.S.C. § 502 Cited 9,173 times 85 Legal Analyses
Permitting summary adjudication or estimation of amounts due in bankruptcy claims adjudication
Rule 7054 - Judgments; Costs
Fed. R. Bankr. P. 7054 Cited 957 times 2 Legal Analyses
Making Federal Rule of Civil Procedure 54(b) applicable to adversary proceedings

In Re: LightSquared Inc.

36 Cited authorities

Holding that "it continues to be true that only 'exceptional circumstances [will] justify a departure from the basic policy of postponing appellate review until after the entry of a final judgment.'"

Holding that “we review the bankruptcy court decision independently, accepting its factual findings unless clearly erroneous but reviewing its conclusions of law de novo”

Holding that the ordinary course of business defense raises factual issues not appropriate at the motion to dismiss stage

Holding that a "controlling question of law" is one "in which reversal of the bankruptcy court's order would terminate the action or materially affect the outcome of the litigation."

Holding that mere disagreement among the parties does not constitute a difference of opinion

Finding that orders that resolve adversary proceedings within a bankruptcy action are immediately appealable

Holding that a bankruptcy order is interlocutory unless it "completely resolve the issues pertaining to a discrete claim, including issues as to the proper relief"

Stating that the collateral order doctrine "is confined to `trial court orders affecting rights that will be irretrievably lost in the absence of an immediate appeal'"

Finding that a bankruptcy court order that "did not address the merits of the parties' underlying disputes" was not a final order

Denying certification where "substantial delay is a likely consequence of interlocutory appeal at this stage in the litigation"

Holding party seeking fees may additionally seek "nontaxable expenses"

Requiring that fraud be pleaded with particularity

Granting appellate jurisdiction over certain types of interlocutory orders

Granting district courts appellate jurisdiction over "final judgments, orders, and decrees" of bankruptcy courts

Permitting summary adjudication or estimation of amounts due in bankruptcy claims adjudication

Making Federal Rule of Civil Procedure 54(b) applicable to adversary proceedings