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October 24, 2017

Section 923 of the Bankruptcy Code requires notice of (1) the commencement of the case, (2) an order for relief, and (3) any dismissal of the case. Section 923 further provides that such notice shall be given by publication “at least once a week for three successive weeks in at least one newspaper of general circulation within the district in which the case is commenced, and in such other newspaper having general circulation among bond dealers and holders as the court designates.”

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October 23, 2017

Some judges have used mediation in Chapter 9 cases to help the parties reach a consensus, or at least narrow the issues, regarding the plan of adjustment. This page includes the mediation orders from several cases, as well as documents from a case in which a motion for the appointment of a mediator was denied. It also includes documents pertaining to the authority of judges, including those from outside the district, to serves as mediators.

Mediation is one of several Chapter 9 Online Repository categories.

June 28, 2017
Jayme J. Herschkopf

This pocket guide is designed to offer judges an introduction to the law and practice of securities litigation. It provides an overview of the types of legal and practical issues judges may confront in litigation arising under the securities laws, and, where possible, offers suggestions. This guide also identifies the areas of securities law most prone to circuit splits or frequent change, so that judges know where to be particularly vigilant about looking at up-to-date case law and legislation.

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October 1, 2015
Emery G. Lee, Jason A. Cantone

A brief report on case-processing times, case outcomes, and motions practice in employment discrimination cases included in a pattern discovery pilot, compared with a nationwide random sample of similar cases. The report finds that case-processing times did not differ between the pilot and comparison cases, but that motions practice was greater in the comparison cases.

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November 1, 2011
Joe S. Cecil, George W. Cort, Margaret S. Williams, Jared J. Bataillon, Jacqueline G. Campbell

In our March 2011 report, we indicated that following the Supreme Court decision in Ashcroft v. Iqbal (2009), Federal Rule of Civil Procedure 12(b)(6) motions to dismiss for failure to state a claim were granted more frequently with leave to amend the complaint. We also noted that the opportunity to amend the complaint may cure the defect and change the findings of the study. The Advisory Committee asked that we follow the events in the study cases, determine the extent to which the respondents submitted amended complaints, and report the outcome of any subsequent motions to dismiss.

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March 1, 2011
Joe S. Cecil, George W. Cort, Margaret S. Williams, Jared J. Bataillon

This report presents the findings of a Federal Judicial Center study on the filing and resolution of motions to dismiss for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. The study was requested by the Judicial Conference Advisory Committee on Civil Rules.

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March 1, 2010
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January 1, 2010
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