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Publication Date: 2020-04-01
Practice Area: Bankruptcy
Industry: Consulting | Transportation
Court: U.S. Bankruptcy Court
Judge: Judge Dorsey
Attorneys: For plaintiff:
for defendant:
Case Number: D68928
Adversary proceeding to recover allegedly wrongfully withheld funds correctly dismissed where an express contract exclusively governed the relationship between plaintiff and debtor and where plaintiff could therefore not seek to hold debtor's agent liable for debtor's failure to perform contractual obligations.
Publication Date: 2020-03-18
Practice Area: Personal Injury
Industry: Technology Media and Telecom
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff:
for defendant:
Case Number: D68912
Debtors' objection to defamation claims sustained where plaintiff failed to prove by preponderance of the evidence that allegedly defamatory newspaper article contained misstatements or omissions of material facts.
Publication Date: 2020-01-15
Practice Area: Bankruptcy
Industry: Automotive
Court: U.S. Bankruptcy Court
Judge: Judge Gross
Attorneys: For plaintiff:
for defendant:
Case Number: D68840
Terminated employees were entitled to priority treatment of claims where employer had experienced cessation of business during the workforce reduction because it stopped design and manufacture of its products and had laid off the employees necessary to restart product design and production.
Publication Date: 2020-01-08
Practice Area: Bankruptcy
Industry: Mining and Resources
Court: U.S. Bankruptcy Court
Judge: Judge Owens
Attorneys: For plaintiff:
for defendant:
Case Number: D68833
Bankruptcy court determined that a plan for reorganization could be approved, but only if a third-party release provision was modified.
Publication Date: 2019-11-06
Practice Area: Bankruptcy
Industry: Consulting | Technology Media and Telecom
Court: U.S. Bankruptcy Court
Judge: Judge Sontchi
Attorneys: For plaintiff: Matthew P. Ward and Ericka F. Johnson, Womble Bond Dickinson (US) LLP, Wilmington, DE; David J. Stone, Brager Eagel & Squire, P.C., New York, NY for liquidation trust.
for defendant: Marc J. Phillips and William R. Firth, III, CKR Law, LLP, Wilmington, DE for defendants Stienes, Lavenberg, Taylor and Garver. Daniel C. Kerrick and Garvan F. McDaniel, Hogan & McDaniel, Wilmington, DE for defendant Barker.
Case Number: D68762
An exculpation clause in a limited liability company agreement did not bar a claim for breach of the duty of care based on gross negligence.
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Publication Date: 2019-11-06
Practice Area: Bankruptcy
Industry: Manufacturing
Court: U.S. Bankruptcy Court
Judge: Judge Walrath
Attorneys: For plaintiff: Mark L. Desgrosseilliers, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; Lars C. Golumbic, Groom Law Group, Wash-ington, DC for Stout Risius defendants.
for defendant: Mark Minuti and Monique B. DiSabatino, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Craig C. Martin, David Jimenez-Ekman, Melissa M. Root and Michael T. Graham, Jenner & Block, LLP, Chicago, IL for former directors and officers. Carl N. Kunz, III, Morris James LLP, Wilmington, DE; Michael L. Scheier, Brian P. Muething and Jacob Rhode, Keating Mue-thing & Klekamp, Cincinnati, OH for Argent Trust Co. Christine Mackintosh, Vivek Upadhya, R. Alexander Gartman and Gordon Z. Novod, Grant & Eisenhofer P.A., Wilmington, DE and New York, NY for co-trustees of Appvion Liquidating Trust.
Case Number: D68761
Bankruptcy court determined that it had subject matter jurisdiction to hear non-core proceedings related to this Chapter 11 matter.
Publication Date: 2019-09-18
Practice Area: Bankruptcy
Industry: Automotive | Manufacturing
Court: U.S. Bankruptcy Court
Judge: Judge Gross
Attorneys: For plaintiff:
for defendant:
Case Number: D68706
The parties' agreement specifically covered issues regarding certain upfront payments, so the litigation trustee was not enti-tled to pursue an action for unjust enrichment.
Publication Date: 2019-07-03
Practice Area: Bankruptcy
Industry: Accounting | Consumer Products | Legal Services
Court: U.S. Bankruptcy Court
Judge: Judge Carey
Attorneys: For plaintiff:
for defendant:
Case Number: D68618
Bankruptcy court determined that the work product doctrine did not prevent the liquidation trustee from receiving records relating to a law firm's pre-petition work for debtor's audit committee, except for internal firm documents.
Publication Date: 2019-05-01
Practice Area: Bankruptcy
Industry: Distribution and Wholesale | Technology Media and Telecom
Court: U.S. Bankruptcy Court
Judge: Judge Walrath
Attorneys: For plaintiff: R. Grant Dick, IV and Robert W. Pedigo, Cooch and Taylor, P.A., Wilmington, DE for plaintiff.
for defendant: Dennis A. Meloro, Greenberg Traurig LLP, Wilmington, DE, Annapoorni R. Sankaran, Holland & Knight LLP, Houston, TX for defendant.
Case Number: D68544
Stipulation between debtor and secured creditor required dismissal of bankruptcy trustee's avoidance action where transfers were made in ordinary course of business and parties would likely have no difficulty in collection at time of stipulation.
Publication Date: 2019-03-20
Practice Area: Bankruptcy | Environmental Law
Industry: Chemicals and Materials
Court: U.S. Bankruptcy Court
Judge: Judge Sontchi
Attorneys: For plaintiff: Robert J. Dehney, Curtis S. Miller and Daniel B. Butz, Morris, Nichols, Arsht & Tunnell, LLP, Wilmington, DE; Robert Lemons, Weil, Gotshal & Manges LLP, New York, NY; Edward Soto, Miami, FL for Repsol defendants.
for defendant: Brian E. Farnan and Michael J. Farnan, Farnan LLP, Wilmington, DE; J. Christopher Shore,White & Case LLP, New York, NY for liquidating trustee.
Case Number: D68497
Bankruptcy court declined to abstain because neither mandatory abstention nor the Rooker-Feldman doctrine applied to the facts, and permissive abstention would interfere with the creditors' recovery.
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