• Celotex Corp. v. Edwards (U.S. Supreme Court), drafted merits briefs for petitioner Celotex Corp. seeking reversal of a ruling of the U.S. Court of Appeals for the Fifth Circuit that permitted two asbestos personal injury claimants to execute on a supersedeas bond despite an order of the bankruptcy court presiding over Celotex's bankruptcy case prohibiting execution on such bonds. If the Supreme Court did not reverse the judgment, approximately $70 million worth of Celotex's supersedeas bonds posted in various courts throughout the nation would have been rendered vulnerable to execution.
    Result:
    Judgment reversed.
    :: VIEW COURT OPINION

  • National Private Truck Council, Inc. v. Oklahoma Tax Commission (U.S. Supreme Court), drafted merits-stage brief on behalf of amici curiae Boyertown (Pa.) Area School District, et al., seeking affirmance of a ruling of the Oklahoma Supreme Court holding that state courts need not entertain challenges to state or local taxation brought under the federal Civil Rights Act, 42 U.S.C. §1983, where existing state law remedies are plain, adequate and complete.
    Result:
    Judgment affirmed.

  • Cohen v. De La Cruz (U.S. Supreme Court), co-author of petition for writ of certiorari that the Supreme Court granted to decide whether punitive damages awarded on account of fraud were subject to discharge in bankruptcy.





 

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Howard J. Bashman

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hjb@hjbashman.com

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