The issue of when a one-year discovery extension to the Uniform Fraudulent Transfer Act's four-year statute of limitations begins to run is an issue of law if the facts that could have put the...
The Fourth Circuit held that a multiemployer pension plan's filing of a "contingent" proof of claim for withdrawal liability in a contributing employer's bankruptcy did not constitute a "notice and...
Optimism does not provide a basis for asserting securities fraud allegations. Puffery does not constitute a material misstatement. Accurate statements of historical facts are not actionable. Mere...
The U.S. Court of Appeals for the Sixth Circuit affirmed a bankruptcy court's summary judgment dismissal of a successor chapter 7 trustee's claims against the original trustee and the debtor's...
The U.S. Court of Appeals for the Fifth Circuit affirmed a district court's summary judgment decision dismissing a bankruptcy debtor's counterclaims and third party claims in a non-adversary...
(1) Applying Texas law, the 5th Circuit ruled that Appellees' claims were timely and the statute of limitations began to run when the fraud was discovered;
(2)Merger and waiver clauses in...
Fraud claims accrue when parties discover the fraud or would have by exercising reasonable diligence. A single written statement does not constitute a red flag demanding further investigation....
The U.S. Court of Appeals for the Third Circuit affirmed a bankruptcy judge's order approving a settlement between a chapter 7 trustee and the debtor's landlord under F.R.B.P. 9019. The settlement...
Lightsway Litigation Services erred under New Jersey’s issue preclusion laws. Under New Jersey law, precluded issues must be identical to previously decided issues; issues are not identical if a...
The Court of Appeals for the Sixth Circuit formally adopted the test for whether a bankruptcy court should approve a settlement found in the unpublished opinion Bard v. Sicherman (In re Bard), 49...
