Nutt v. Stafford Kees et al., No. 14-3364 (8th Cir. Aug. 12, 2015)
Ruling:
The 8th Circuit reversed the district court (E.D. Ark. - Jonesboro), ruling that equitable successor liability did not render successor liable for delinquent contributions and breach of fiduciary...
Ruling against the United Auto Workers (UAW) and in favor of GM, the Sixth Circuit held the 2009 Retiree Settlement Agreement (2009 RSA) extinguished an obligation for New GM to pay $450 million...
In re 2920 ER, L.L.C., No. 14-20734 (5th Cir. April 2, 2015)
Ruling:
The 5th Circuit denied petition for mandamus relief, but vacated the district court's order (S.D. Tx.) prohibiting judgment debtor from transferring funds, and compelling postjudgment discovery,...
Official Committee of Unsecured Creditors v. Baldwin (In re Lemington Home for the Aged), Case No. 13-2707, 2015 WL 305505 (3d Cir. Jan. 26, 2015) (precedential)
Ruling:
Affirming the jury's liability verdict and findings that defendants breached their fiduciary duties by failing to exercise reasonable diligence and prudence in their oversight and management of the...
Reversed and remanded for entry of summary judgment in favor of debt collector defendant based on prior express consent defense. Calls by medical debt collector to cellular phone where cellular...
Case No. 12-2044 (8th. Cir. Court of Appeals - Western District of Arkansas) (April 26, 2013 - Unpublished)
Ruling:
AFFIRMING the judgment of the bankruptcy court and district court that post-petition payments to creditor-insider was a transfer avoidable by the chapter 7 trustee.
Deckard v. Interstate Bakeries Corporation (In re Interstate Bakeries Corporation), No. 11-1595, slip. op. (8th Cir. Jan. 25, 2013)
Ruling:
Eighth Circuit affirmed grant of summary judgment by bankruptcy court in favor of defendant/debtor on creditor's claim for civil penalties for debtor's failure to give notices required under the...
Judge(s):
Eighth Circuit Judges Bye, Gruender, and Shepherd.
Affirms the District Court's ruling that the Plan preempts Appellants state law claim for enforcement of contract rights. Reverses the District Court's ruling that Appellants lacked standing to...
Judge(s):
Mary M. Schroeder and Ronald M. Gould, Circuit Judges, and Richard Seeborg, District Judge (N.D. Cal.). Opinion by Judge Gould.
Case No. 10-4456 (3d Cir. Sept. 21, 2011) (Precedential)
Ruling:
The Third Circuit reversed the decision of the United States District Court for the Western District of Pennsylvania granting summary judgment to the defendants, officers and directors of debtor...
