Retention of Jurisdiction by Itself Does Not Confer Subject Matter Jurisdiction, First Circuit Holds

Wednesday, June 7, 2017

In an opinion dated June 2, 2017, the First Circuit Court of Appeals narrowly interprets 'arising in' jurisdiction, finding that while retention of jurisdiction is necessary (in sale approved order and chapter 11 confirmation order), it is not sufficient to exercise subject matter jurisdiction over a dispute between third parties if there is no "arising in" jurisdiction.