So I'm minding my own business and next thing you know, WHAM: CASE ROUNDUP!

Supreme Court Domino's Pizza, Inc. v. MacDonald (02/22/06 - No. 04–593)

A plaintiff cannot state a claim under 42 U.S.C. 1981 unless he has or would have rights under the existing or proposed contract that he wishes "to make and enforce." Section 1981 plaintiffs must identify injuries flowing from a racially motivated breach of their own contractual relationship, not of someone else's. 3rd Circuit In Re: Suprema Specialties, Inc. Sec. Litig. (02/23/06 - No. 04-3716, 04-3755)

Dismissal of securities laws, fraud, and misrepresentation claims against a now-defunct cheese making company's former directors and officers, its auditor, and several investment firms is reversed in part as to dismissal of claims under sections 11, 12(a)(2), and 15 of the Securities Act of 1933 and section 10(b) of the Securities and Exchange Act of 1934 as to specific defendants. 4th Circuit French v. Liebmann (02/14/06 - No. 05-1054)

A determination that a United States bankruptcy court can avoid a constructively fraudulent transfer of foreign real property between United States residents is affirmed over arguments involving the presumption against extraterritoriality and the doctrine of international comity. 5th Circuit Bonneville Power Admin. v. Mirant Corp. (02/13/06 - No. 04-11264)

An order declaring a party to have violated an automatic stay in a bankruptcy proceeding is affirmed since the bankruptcy stay preceded any termination permitted by either the Anti-Assignment Act or an executory agreement between the parties.

Harrington v. Grant (02/13/06 - No. 05-30052)

An order setting aside the tax sale of a former co-owner's interest in certain property pursuant to a finding that the sale was held in violation of an automatic stay is vacated where the lower courts erred in their analyses of whether a bankruptcy trustee’s assignee had the right to avoid the tax sale. Financial Acquisition Partners LP v. Blackwell (02/14/06 - No. 04-11300)

Dismissal of a complaint in a putative class action for securities fraud pursuant to the Private Securities Litigation Reform Act (PSLRA) is affirmed over challenges regarding: 1) a finding on collateral estoppel; 2) the striking of certain opinions from an expert's affidavit; 3) the PSLRA’s pleading requirements; and 4) denial of leave to amend the complaint. 6th Circuit In re: Marketing & Creative Solutions, Inc. (02/15/06 - No. 05-8041)

Order granting chapter 7 bankruptcy relief to creditors on their involuntary petition is affirmed where the bankruptcy court did not err as a matter of law in determining that the claims of petitioning creditors were not subject to bona fide dispute since the debtor raised no legitimate factual or legal dispute concerning its liability. 7th Circuit U.S. Bank v. United Airlines (02/13/06 - No. 05-1752, -1854)

Where state law holds that a trustee’s duties and obligations are strictly defined by and limited to the terms of the underlying trust agreement, title to funds held in trust passes to a beneficiary under the terms of the agreement, and trustees lack unfettered discretion to disburse such funds held in trust. 8th Circuit In re: Harris (02/15/06 - No. 05-6050)

An order terminating an automatic stay in a bankruptcy proceeding is affirmed where the debtor had adequate notice of the hearing on the motion to terminate the stay, and the court did not err in conducting a hearing on the motion in his absence when he failed to appear.

9th Circuit US v. Hagege (02/22/06 - No. 04-50425, 04-50427)

Defendant's conviction for bankruptcy fraud and false representation of a social security number is affirmed over his claims of error regarding denial of an evidentiary hearing, denial of a motion to dismiss, admission of evidence, and denial of a motion for a mistrial; further, his sentence is vacated pursuant to the government's Booker claim. Sea Hawk Seafoods, Inc. v. State of Alaska (2/22/06 - No. 04-35319)

An order finding that a settlement agreement in a bankruptcy proceeding released plaintiff's claim against defendant-state is reversed where, under the circumstances, the bankruptcy court lacked jurisdiction to interpret the agreement in an adversary proceeding between two creditors. First Ave. W. Bldg., LLC v. James (02/23/06 - No. 04-35324)

District court order permitting a bankrupt tenant's trustee to pursue recovery from the landlord of damages up to the full amount of the tenant's security deposit, including a letter of credit, is affirmed where: 1) the landlord forfeited a timeliness issue; 2) rejection of a lease did not bar the trustee's action; and 3) the bankruptcy court clearly erred in finding it had no jurisdiction over the claim.