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· 9/27/2023

Brockley v. Ellis

Citations

  • 2023 S.D. 52

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that delegation to adjunct bankruptcy judges of powers beyond those conferred to non-Article III judges rendered an entire administrative scheme unconstitutional
  • holding that delegation to adjunct bankruptcy judges of powers beyond those conferred to non-Article III judges rendered an entire administrative scheme unconstitutional
  • holding that the bankruptcy courts’ jurisdiction to adjudicate common law claims violated Article III without deciding the claims
  • holding that the 1978 Bankruptcy Reform Act's broad grant of jurisdiction to bankruptcy judges violated Article III of the Constitution
  • holding that Article III review of the bankruptcy court under the \clearly erroneous\ standard was not rigorous enough to save the statute
  • holding that Article III review of the bankruptcy court under the “clearly erroneous” standard was not rigorous enough to save the statute

Source: CourtListener parenthetical corpus (CC0).

Judges: Scott P. Myren

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.