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Judge Sullivan
Former Sen. Arlen Specter Argues Case Before Judge Sullivan, Mentions That Congress Should Have Raised Judicial Pay
Former Senator Arlen Specter, who is now a lawyer in private practice, recently argued a hearing before Judge Sullivan in an attempt to prevent NASDAQ from delisting his client. A state court had issued a TRO against the delisting, and, in a transcript made public today, Judge Sullivan was skeptical that Congress intended the state courts to have that power. Sen. Specter took the opportunity to observe that Congress sometimes made mistakes, as with judicial pay:
THE COURT: Look, I don’t think we really want everybody doing end runs around the SEC and running in to state court for stays and for TROs when the scheme that Congress enacted allows for a stay and allows for federal review of the administrative decision at the Court of Appeals level. You could cut straight to the Court of Appeals. It strikes me as what Congress decided to do. They could have decided to do something different, but they didn’t.
Continue Reading Former Sen. Arlen Specter Argues Case Before Judge Sullivan, Mentions That Congress Should Have Raised Judicial Pay
Judge Sullivan Awards Merrill Lynch $146 Million in Contract Action Against Swap Counterparty
Judge Sullivan issued an opinion yesterday with his findings and conclusions after a breach of contract bench trial in which Merrill Lynch Capital Advisors sued its swap counterparty and a guarantor for $146 million. The principal question at trial was whether the individuals signing the contracts had the authority to do so.
Continue Reading Judge Sullivan Awards Merrill Lynch $146 Million in Contract Action Against Swap Counterparty