Legal Opinion
Lowery v. Channel Communications, Inc.
Court of Appeals for the Ninth Circuit
Decided August 21, 2008No. 06-55779PublishedCited by 23 opinions
1Opinion of the Court
CLIFTON, Circuit Judge:
The question posed by this case is whether a party’s failure to timely inform the court of appeals of a settlement that it believes disposes of a pending appeal precludes the party from asserting the affirmative defense of settlement and release in a later proceeding. Over its objection, Chapter 11 debtor Cellular 101, Inc. was ordered to pay an administrative claim of approximately $200,000. Cellular 101 appealed the order to this court. While the appeal was pending, Cellular 101 entered into a settlement agreement that it believed released the claim. Rather than…
2Cases cited19 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- Arizonans for Official English v. ArizonaSupreme Court of the United States · 1997
- Joseph R. Bolker v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1985
- Hill v. Blind Industries & Services of MarylandCourt of Appeals for the Ninth Circuit · 1999
- Harris v. Secretary, U.S. Department of Veterans AffairsCourt of Appeals for the D.C. Circuit · 1997
14 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Gebhart v. Securities & Exchange CommissionCourt of Appeals for the Ninth Circuit · 2010
- Blue Cross Blue Shield of North Carolina v. Jemsek Clinic, P.A.Court of Appeals for the Fourth Circuit · 2017
- Townsend v. KnowlesCourt of Appeals for the Ninth Circuit · 2009
- Dan J. Harkey v. Howard GrobsteinCourt of Appeals for the Ninth Circuit · 2018
- Mele v. Mele (In Re Mele)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
18 more not listed; retrieve them via the Exa API.