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Expert Analysis

'Stern Claims' Remain Hazy Despite High Court Ruling

Law360, New York (June 16, 2014, 11:08 AM EDT) -- On June 9, 2014, the U.S. Supreme Court issued its highly anticipated ruling in Executive Benefits Insurance Agency v. Arkison (In re Bellingham Insurance Agency Inc.).[1] The Bellingham decision clarifies one of the significant, open issues raised three years ago by the court's controversial decision in Stern v. Marshall.[2] In Stern, the court held that the constitution precluded non-Article III judges, such as bankruptcy judges, from making final determinations of certain matters set forth as "core" matters under the bankruptcy jurisdiction provisions of Title 28 of the United States Code....

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