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2nd Circuit

Roberts v. TriPlanet Partners LLC et al.

Citation: 
15-2326
Ruling: 
The District Court properly exercised its discretion in entering (1) a default judgment in the amount of $8,136,222.60 as a discovery sanction against Defendants after two years of their repeated defiance of court orders and (2) finding that the Defendants ...
Judge(s): 
Straub, Wesley, Livingston
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Krys v. Klejna

Citation: 
Kenneth M. Krys, as Joint Liquidator of SPhinX Ltd. et al.v. Dennis A Klenjna, J.P. Morgan Chase & Co., Summary Order, 2nd Cir. Case No. 14-3446(L), (July 29, 2016)
Ruling: 
The Second Circuit upheld the district court's order dismissal of certain state-law claims against the defendant-appellees, and in doing so, found that the district court was not required to abstain from hearing and deciding the matter under 28 U.S.C. Section ...
Judge(s): 
Present: Rosemary S. Pooler; Peter W. Hall, and Susan L. Carney, Circuit Judges
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Elliott, et al. v. General Motors LLC (In the Matter of: Motors Liquidation Co.)

Citation: 
Elliott v. General Motors LLC (In re Motors Liquidation Co.), Case Nos. 15-2844, 15-2847, 15-2848 (2d Cir. N.Y. July 13, 2016).
Ruling: 
The Second Circuit Court of Appeals determined that the debtor, General Motors Corporation ("Old GM"), had an obligation to provide notice to vehicle owners with defects of which Old GM knew or should have known, and held that the injunctions ...
Judge(s): 
STRAUB, CHIN, and CARNEY
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John Nagle Co. v. McCarthy (In re The Cousins Fish Market, Inc.)

Citation: 
John Nagle Co. v. McCarthy (In re The Cousins Fish Market, Inc.)
Ruling: 
Holdings: United States Court of Appeals for the Second Circuit held that: 1) that the Bankruptcy Court did not abuse its discretion in excluding evidence from the bench trial that had not been produced to the trustee during discovery, and 2) that ...
Judge(s): 
JOSÉ A. CABRANES, SUSAN L. CARNEY, CHRISTOPHER F. DRONEY,
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Ritchie Capital Management v. GECC

Citation: 
Ritchie Capital Management, LLC v. General Electric Capital Corp., Case No. 15-2816 (2d Cir. May 11, 2016) (per curiam)
Ruling: 
The Second Circuit Court of Appeals affirmed the District Court's holding that an investor in a Ponzi scheme lacks standing to bring claims for aiding and abetting fraud and civil conspiracy to commit fraud because the causes of action were ...
Judge(s): 
WALKER, CALABRESI, and HALL
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Tendering Phones Holders, et al. v. Large Private Benefecial Owners, et al. (In re Tribune Company Fraudulent Conveyance Litigation)

Citation: 
2016 U.S. App. LEXIS 5787 (2d Cir. N.Y. Mar. 29, 2016)
Ruling: 
The Second Circuit addressed two issues: (i) whether appellants are barred by the Bankruptcy Code's automatic stay provision from bringing state law, constructive fraudulent conveyance claims while avoidance proceedings against the same transfers brought by a party exercising the powers ...
Judge(s): 
WINTER, DRONEY, Circuit Judges, and HELLERSTEIN, District Judge
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Tendering Phones Holders, et al. Large Private Beneficial Owners, et al. (In re Tribune Company Fraudulent Conveyance Litigation)

Citation: 
13-3992-cv
Ruling: 
Affirm the District Court's dismissal of the complaint, on preemption rather than standing grounds. The rights of creditors to bring state law, fraudulent conveyance claims not limited in the hands of a trustee et al. by Bankruptcy Code section ...
Judge(s): 
Winter, Droney & Hellerstein
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Statek Corp. v. Development Specialists, Inc. (In re Coudert Brothers LLP)

Citation: 
14-3688-bk
Ruling: 
If the Circuit Court of Appeals elects to consider a new argument on appeal, then on remand, the lower court may not ignore the Court of Appeal's ruling on the basis that it relied on a non-cognizable "new argument."
Judge(s): 
Cabranes, Pooler, and Chin
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Supplement B Pilot Beneficiaries v. AMR Corp. (In re AMR Corp.)

Citation: 
No. 14-4274-bk (2d Cir. Dec. 7, 2015) (summary order)
Ruling: 
Affirming the district and bankruptcy court judgments/orders, the Second Circuit held, inter alia, (1) debtors' negotiations with union, as "authorized representative" of employees, complied with Section 1113 (debtor was not required to meet with subgroup of employees); (2) bankruptcy court's ...
Judge(s): 
D. Jacobs, R. Lohier, G. Crawford (sitting by designation)
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Schaeffler, et al. v. U.S.A.

Citation: 
14-1965-cv (2d Cir. Nov. 10, 2015)
Ruling: 
The attorney-client privilege was not waived by the sharing of documents with a consortium of banks having a common legal interest with appellants in the tax treatment of a refinancing and corporate restructuring resulting from an ill-fated acquisition originally financed ...
Judge(s): 
Winter, Walker and Droney
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