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Vol. 4, No. 172 — September 5, 1996 FEDERAL COURT CASES BANKRUPTCY 42-6-9960 In re: Manuel and Brenda E. Alicea, Debtors, U.S. Bankruptcy Ct. (9 pp.) Because the debtors failed to meet their burden of proving that the proposed discrimination against creditors in Class I was fair, the Division of Motor Vehicles s objection to confirmation is sustained and confirmation of the debtors plan is denied. [Filed Aug. 6, 1996.][Approved for publication.] 42-6-9961 In re: MacGregor Sporting Goods, Inc., Debtor; Bruce H. Levitt, etc., et al. v. Riddell Sports, Inc., et al., U.S. Bankruptcy Ct. (32 pp.) The adversary complaint, in alleging breaches of fiduciary duty by debtor s board members, sufficiently pleads the circumstances of alleged fraud to survive the motion to dismiss or a motion for summary judgment, and although, as defendants argue, the case may be time-barred under the applicable N.J. statute of limitations, the statute would be tolled if defendants faudulently concealed the existence of a cause of action for breach of fiduciary duty — a factual question that cannot be decided on these motions. [Filed Nov. 27, 1995.][Approved for publication Aug. 7, 1996.] 42-7-9962 In the Matter of: Kamine/Besicorp Allegany, L.P., Debtor, U.S. Dist. Ct. (26 pp.) (1) The Bankruptcy Court erred in treating the adversary complaint — involving performance and breach of a Power Purchase Agreement — as a core proceeding. (2) The court did not reach the merits of whether to enforce the PPA s choice of forum clause, and the matter must be remanded for such consideration. (3) Remand is also required because the record is not sufficient for the court to determine whether the pending state court action could be “timely adjudicated” within the meaning of 28 U.S.C. 1334 (c)(2), and therefore whether the Bankruptcy Court should have abstained from hearing certain adversary claims. [Filed Aug. 5, 1996.] CIVIL PROCEDURE 07-7-9963 Manuel Feingold v. Hector Pages Morales, et al., U.S. Dist. Ct. (6 pp.) Because the Puerto Rican court is in a better position to determine whether this action is duplicative of the Puerto Rican action, and, therefore whether an injunction against the plaintiff from proceeding in N.J. is appropriate, the court grants defendant’s motion to stay the N.J. proceedings pending resolution defendant’s motion in Puerto Rico. [Filed Aug. 7, 1996.] INTELLECTUAL PROPERTY 53-7-9964 Stryker Corp., et al. v. Howmedica, Inc., U.S. Dist. Ct. (10 pp.) Because the claims and counterclaims in this case, although involving different patents for orthopedic implants and prostheses, are transactionally related and are more conveniently tried as one unit, severance is inappropriate and the plaintiffs’ motion to sever the counterclaim is denied. [Filed Aug. 7, 1996.] Additional opinion approved for publication: 04-6-8794 In Re: Hudsar, Inc., Debtor; Mary Ellen Paterson, et al. v. Everett M. Scherer, et al. [Decided Apr. 2, 1996][Approved for publication Aug. 7, 1996.] —END— A Daily Reporter of New Jersey Court Decisions NEXT WEEK IN THE A woman convicted of aggravated manslaughter in the hammer bludgeoning of her father says the judge should have considered the impact of her post traumatic stress disorder, brought on by sexual abuse by her father. See page 1 of the Sept. 9 Law Journal.

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