Opinion Summaries: Second Circuit U.S. Court of Appeals May 30, 2008
From: Findlaw Summaries May 30, 2008.
BANKRUPTCY LAW, CIVIL PROCEDURE, COMMUNICATIONS LAW, CORP. GOVERNANCE, EVIDENCE, INTERNATIONAL LAW, JUDGMENT ENFORCEMENT
In re: Bd. of Dir. of Telecom Argentina, S.A., No. 06-5640
I"n a case involving an investor's challenges to a major Argentine telecommunications company's financial restructuring plan, the judgment is affirmed where the bankruptcy court did not abuse its discretion in: 1) confirming a petition recognizing the restructuring plan and extending comity to Argentine legal proceedings based on its finding that those proceedings did not violate U.S. public policy considerations manifested in the Trust Indenture Act of 1939, the best interests of the creditor test, or the good-faith requirement provided for in the Bankruptcy Code; nor 2) denying additional discovery or expert testimony in light of the reasonably sufficient testimonial and documentary evidence from both parties."
COMMUNICATIONS LAW, CONSTITUTIONAL LAW, CYBERSPACE LAW, EDUCATION LAW, REMEDIES
Doninger v. Niehoff, No. 07-3885
"In proceedings involving an application to preliminarily enjoin a public high school's decision, which disqualified plaintiff's daughter from running for school office after she posted a vulgar and misleading message on an independently operated, publicly-accessible web 'blog', judgment denying relief is affirmed where the district court did not abuse its discretion in determining that plaintiff failed to demonstrate a sufficient likelihood of success on her purported First Amendment and equal protection claims"
