Issue: Whether Section 546(e) of the Bankruptcy Code eliminates the statutory
power to avoid payments related to a securities
transaction when a financial institution acts as a
mere conduit for the transferred property, as the
Second, Third, Sixth, and Eighth Circuits have held,
or whether the financial institution must have a beneficial interest in the transferred property, as the
Eleventh Circuit has held.
On Monday the Court issued orders from its April 17 Conference, which Lyle reported on. On Tuesday at 10 a.m. we expect one or more opinions in argued cases. We will be live-blogging at this link . The Court has not yet announced whether there will be additional opinion announcements on Wednesday. This is the first week of the April sitting.
Glossip v. Gross The constitutionality under the Eighth Amendment of using a sedative as the first drug in a death penalty protocol.