Circuit Court of Appeals Cases from Last Week

United States Fourth Circuit, 02/02/2012
Gentry v. Siegel
Former employee cannot pursue class action for unpaid ovetime where: 1) no abuse of discretion ruling that the bankruptcy process was superior to the class action process for resolving the claims of former employees; 2) notice of the bankruptcy process to the named claimants was not constitutionally deficient; and 3) with respect to unnamed claimants, the named claimants lacked standing to challenge the notice.

United States Ninth Circuit, 01/30/2012
Matter of Thorpe Insulation Co.
Bankruptcy Court’s orders denying creditor’s motion to compel arbitration and disallowing its claim is affirmed, where: 1) the resolution of the creditor’s claim was a core matter in the bankruptcy; 2) no abuse of discretion in denying the creditor’s motion to compel arbitration; 3) no abuse of discretion by declining to give the creditor further opportunity for discovery; 4) the creditor’s claim was properly disallowed because the debtor’s covenants in a settlement agreement were purported prepetition waivers of the protections of the Bankruptcy Code, which need not be permitted.

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