Case Explained: Non-Argument Calendar In re: ECI PHARMACEUTICALS, LLC Debtor. ACUTE, INC v. ECI PHARMACEUTICALS, LLC

Court: United States Court of Appeals for the Eleventh Circuit

Filed: 2026-07-07

Docket: 0:24-cv-61915-RAR

The eleventh-circuit affirmed the district court’s dismissal of Acute, Inc.’s appeals regarding a bankruptcy sale order and a liquidation plan confirmation order. Regarding the appeal of the sale order, the court held that Acute abandoned its challenges because it listed five issues in its initial brief without providing any further argument or discussion, citing *Singh v. U.S. Att’y Gen.* to establish that such conduct precludes appellate consideration. Regarding the appeal of the confirmation order, the court ruled that Acute forfeited its objection to the plan’s third-party release by failing to raise it before the bankruptcy court. The court applied the standard from *In re Lett* and *Access Now, Inc. v. Sw. Airlines Co.*, which permits appellate review of forfeited issues only under five specific exceptions: (1) pure questions of law where refusal would cause a miscarriage of justice; (2) lack of opportunity to raise the issue below; (3) substantial justice at stake; (4) resolution beyond any doubt; or (5) significant questions of general impact. The court found none applied because the validity of the release under *Harrington v. Purdue Pharma L.P.* is a mixed question of law and fact, Acute had actual notice and an opportunity to object, due process rights were satisfied by that notice, the legal outcome was not beyond doubt due to circuit splits on *Purdue Pharma*, and the issue was too fact-bound to warrant broad public concern. Additionally, the court affirmed the denial of Acute’s motion for reconsideration under Federal Rule of Bankruptcy Procedure 8022, finding no abuse of discretion as the district court did not overlook or misapprehend any points of law. The practical consequence is that the bankruptcy court’s sale order and liquidation plan confirmation order remain in effect, and Acute’s challenges to these orders are dismissed without review on the merits.

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