SCOTUS Bankruptcy Watch
David R. KuneyAnalysis of key amicus briefs at the Supreme Court and Courts of Appeal.
| Platform |  | Pricing | Only free issues | Publishes | Weekly |
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davidkuney.substack.comLatest Issues
Supreme Court denies certiorari in Bestwall--A case study in lost judicial opportunities
On June 1, 2026, the Supreme Court denied the petition for a writ of certiorari in Official Comm. of Asbestos Claimants v. Bestwall LLC, Sup. Ct No. 25-1013. The denial is disappointing. In my earlier post of January 5, 2026 (“Thoughts on 2...
Keathley v. Buddy Ayers Construction.
By David R. Kuney
On June 11, 2026, the Supreme Court handed down its decision in Keathley v. Buddy Ayers Construction Inc. (Case No. 25-6). The decision was 9-0, reversing the Fifth Circuit which had applied the doctrine of judicial estop...
Tort victims fight back against the Texas Two-Step
Substack:
Introduction:
A recently filed appeal in Rebecca Love v. Red River Talc, LLC, Case No. 26-1448 (Third Circuit) addresses a critically important question left unanswered by the various bankruptcy cases which involve the use of th...
Law Professors: Get out on the Balcony!
Law Professors: Get out on the balcony!
The need for bankruptcy amicus briefs
By David R. Kuney
I am an adjunct professor at Georgetown University Law Center where, for the past 12 years, I have taught the Bankruptcy Advocacy Practicum....
Likely bankruptcy cases for the 2025-2026 term at the Supreme Court
On January 12, 2026, the Supreme Court denied petitions for certiorari in three bankruptcy appeals—and for a moment it appeared as if this Spring there would be just one bankruptcy case before the Court—Keathley v. Buddy Ayers (see below)....
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Author of On Rockingham Street and SCOTUS Bankruptcy Watch
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