Opinion

Insurance Co. of Pennsylvania v. Ben Cooper, Inc.

112 L. Ed. 2d 408 · Supreme Court of the United States · Nov 13, 1990

Full text

Insurance Company of the State of Pennsylvania v. Ben Cooper, Inc.

Opinions in this case

C. A. 2d Cir. [Certio-rari granted, 497 U. S. 1023.] The United States, whose motion to intervene filed in this Court on September 28, 1990, was granted, has raised a question concerning the Court of Appeals’ jurisdiction over this case and hence a question about our own jurisdiction. Motion of United States to Intervene and Brief for United States 9-17. Because the Court of Appeals should address the jurisdictional issue in the first instance, we vacate the judgment of the Court of Appeals and remand the case for consideration of the jurisdictional issue raised by the United States.

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Parentheticals

“the structure of the [bankruptcy] statute as a whole does not permit such a [broad] construction”
Bevilacqua v. Bevilacqua
defendant requested funds to hire an expert to assist in the preparation of his motion for change of venue
Dubose v. State
wherein a potential juror clearly voiced bias and a 'fixed opinion,' and the cause was remanded to determine whether the juror could lay aside his 'fixed opinion'
Smith v. State
§ 157(b)(3) demonstrates Congress' intent that bankruptcy courts are not precluded from adjudicating state-law claims where they are at the heart of the administration of the estate
Northwestern Institute of Psychiatry, Inc. v. Travelers Indemnity Co. (In Re Northwestern Institute of Psychiatry, Inc.)
Supreme Court vacated judgment and remanded on ground that Court of Appeals should have first addressed the jurisdictional issue, and remanded for Court of Appeals to consider jurisdictional issue
In Re Rheuban
the Second Circuit sustained a jury trial in Bankruptcy Court in a core proceeding
J.T. Moran Financial Corp. v. American Consolidated Financial Corp. (In Re J.T. Moran Financial Corp.)
wherein a potential juror clearly voiced bias and a "fixed opinion," and the cause was remanded to determine whether the juror could lay aside his "fixed opinion"
Forehand v. State
debtor-in-possession’s action to enforce contract entered into post-petition is a core proceeding
Hughes-Bechtol, Inc. v. Construction Management, Inc. (In Re Hughes-Bechtol, Inc.)
Congress intended a narrow reading of Marathon
Silverman v. U.W. Marx, Inc. (In Re Leco Enterprises, Inc.)
state law contract claim inherently legal
Gumport v. Growth Financial Corp. (In Re Transcon Lines)