First Avenue West Building, LLC v. James

How courts have described this case

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

• holding that Kontrick and Eberhart require the conclusion that Rule 59(e) is a claim-processing rule
• holding that a trustee's interest in letter of credit proceeds acting as a security deposit is property of the estate
• holding that the ten-day rule for filing a motion for a new trial under Fed. R. Civ. P. 59 “is as much a claim-processing rule as the rule at issue in [Kontrick v. Ryan, 540 U.S. 443, 124 S. Ct. 906 (2004)].”
• concluding that “Rule 59 is . . . a claim-processing rule”
• explaining that cases such as Kellogg are \not apposite\ because it was confronted with a claim for breach of contract underlying the letter of credit
• explaining that a trustee may maintain a claim for breach of contract if the beneficiary breached the contract underlying the letter of credit by a drawdown that exceeded the beneficiary's damages

Source: CourtListener parenthetical corpus (CC0).