Calif. Agencies Say San Bernardino Suit Is Unconstitutional
By David McAfee
Law360, Los Angeles (October 25, 2013, 8:47 PM EDT) -- The California State Controller’s Office and Department of Finance on Thursday asked a California federal judge to reverse a bankruptcy court’s finding that the Tenth and Eleventh amendments do not bar a suit against the agencies brought by the bankrupt city of San Bernardino.
The brief comes just days after California’s state pension system challenged a bankruptcy judge’s decision last month to allow the city of San Bernardino to move forward with its bankruptcy proceedings, saying the judge improperly glossed over key requirements for granting Chapter...