Attempt at Reviving Frenville Fails in Delaware
Widespread notice obviated need for allowing a class proof of claim.
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Trustee Not Obligated to Obtain Best Price at Auction, Delaware Judge Says
Immunity, fiduciary duty and damages discussed in the context of a low sale price.
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Punitive Damage Claim from Involuntary Dismissal Brings Jury Trial Rights
Section 303(i)(2) claim, similar to malicious prosecution, invokes Seventh Amendment jury trial rights.
Third and Ninth Circuits Split on Preemption of Non-Debtor Claims by Section 303(i)
Judge Ambro allows non-debtors to sue for damages from dismissal of involuntary petition.
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Delaware Judge Splits with New York by Upholding Reclamation Creditors’ Rights
Judge Walrath disagrees with Judges Lifland and Gonzales on reclamation rights.
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Gift Cards Denied Priority Status in Delaware, Contravening Prior Delaware Decision
Delaware’s Judge Kevin Gross declines to follow prior decision by visiting judge.
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Preference May Be Offset by an Unpaid Administrative Claim, Judge Carey Rules
Automatic disallowance under Section 502(d) held not applicable to administrative claims.
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Third Circuit Precludes WARN Act Liability for Acquirers in Typical LBOs
Common ownership and management aren’t enough to prove ‘single employer’ liability.
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Class Claims Not Categorically Barred in Bankruptcy, Delaware Judge Rules
Failure to notice all class members was pivotal in permitting a class proof of claim.
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Delaware’s Judge Gross Differs with Second Circuit on the Safe Harbor
Judge Gross finds Judge Gerber in Lyondell more persuasive than the Second Circuit in Tribune.
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