The Supreme Court Moves Toward Pragmatism On Separation of Powers Concerns In Wellness Int’l Network Ltd. v. Sharif

    View Authors July 2015

    In Wellness Int’l Network, Ltd. v. Sharif the US Supreme Court decided that a bankruptcy court adjudication of a non-core claim is permissible under Article III if the parties consent and such consent is knowing and voluntary. This article, by partner Stephen Lerner and senior associate Colter Paulson, discusses how this third case in the Stern v. Marshall trilogy on bankruptcy court jurisdiction applies a new and pragmatic approach to constitutional separation of powers concerns – and what that means for the jurisdiction of bankruptcy judges and magistrates.

    Originally printed in the July 2015 CBA Report. Reprinted with permission.