Professors Charles Tabb and Ralph Brubaker were both cited favorably in an opinion issued on February 27, 2018 by the United States Supreme Court. The case, Merit Management Group, LP v. FTI Consulting, Inc., No. 16-784, concerned the scope of Bankruptcy Code section 546(e)’s safe harbor provision.
The Court cited Tabb's bankruptcy-law treatise in several places, as well as one of Brubaker's pieces for the Bankruptcy Law Letter on the specific issue in this case.
The Court held that safe harbor does not protect transfers made by or to a financial institution, where the financial institution is merely a conduit with no beneficial interest in the property transferred.
Read the full opinion.