This article provides a discussion of the June 9, 2021 decision 'In re KG Winddown,' where U.S. Bankruptcy Judge Martin Glenn clarified some unresolved issues about structured dismissals in Chapter 11 bankruptcy cases that stemmed from the 2017 U.S. Supreme Court decision in 'Czyewski v. Jevic Holding.'
The question of whether the court has subject matter jurisdiction frequently arises when counsel has to decide whether to bring a support or custody proceeding in the Supreme Court or the Family Court.
The personal injury suit had centered on allegations that the student was injured when, while taking a test, a school faculty member "spoke into a microphone and instructed students to 'be quiet,' the loudness of which, according to plaintiff, caused her daughter's injury."
Two recent cases in the First and Second Department examine landowner liability when criminal acts occur on their property. The courts took markedly different approaches in analyzing precedent and arriving at their holdings.