- Cruickshank v. Cook (In re: the Environmental Careers Org. Inc.), No. 14-1697 (1st Cir. March 13, 2015)
- The First Circuit Court of Appeals AFFIRMED the judgment of the district court below finding that the district court did not err in granting Cook's motion for judgment as a matter of law.
- Procedural context:
- Gary W. Cruickshank, as trustee of the chapter 7 estate of Environmental Careers Organization, appeals from a district court order granting John R. Cook's motion for judgment as a matter of law.
- Cruickshank brought an adversary proceeding in the bankruptcy court for the District of Massachusetts alleging the former president of Environmental Careers Organization, Cook, breached his fiduciary duty of care to the organization. Before the district court, which had withdrawn the reference to the bankruptcy court, Cook moved for judgment as a matter of law on the grounds that Cruickshank failed to proffer expert witnesses who would testify to the applicable standard of care. The district court agreed and reasoned that a jury would be capable of assessing the veracity of Cruickshank's allegations only with the help of an expert.
- Lynch, Souter, Stahl
3491 in the system
5 Being Processed