BANKRUPTCY: Yellowstone Club founder’s challenge to Exculpation Clause releasing certain non-debtors from liability for acts or omissions arising out of Ch. 11 proceedings improperly dismissed as equitably moot contrary to law of the case, but Clause — reviewed on the merits by Panel — nevertheless held valid… appeal not dismissed for failure to fully respond to order to show why appeal should persist in wake of purported global settlement… Haddon affirmed (other grounds). [Read more…]
Rule 38/§1927 sanctions, recusal, smearing judge
SANCTIONS under FRAP 38 and §1927 imposed in form of Appellees’ fees & costs against Yellowstone Mountain Club co-founder and principal attorney for transparent attempt to wriggle out of unfavorable decisions by smearing Kirscher in recusal motion… co-counsel attempting to distance themselves chastised but not sanctioned… order. [Read more…]