Split Vein Coal Co., Inc. v. Gilberton Coal Co., Inc. (In re Split Vein Coal Co., Inc.)
- Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
- 12 years 7 months ago
- Citation:
- Split Vein Company, Inc. v. Gilbert Coal Company, Inc., et al. (In re Split Vein Coal Company, Inc.), Case No. 11-2469 (3d Cir. June 5, 2012)
- Tag(s):
-
- Ruling:
- AFFIRMING order of district court, which affirmed order of the bankruptcy court regarding Pennsylvania state law claim for conversion that had been asserted in the context of a bankruptcy adversary proceeding. The Third Circuit summarily dismissed appellant's claims as such claims had been thoroughly addressed by the lower courts. With respect to the one issue that had not been raised below, the Court held that the issue "could have, and should have" been raised in the bankruptcy court before it went to trial. Thus, although the Court noted it has "discretion to review an argument not raised in the trial court," it concluded that it "ordinarily refuse[s] to do so." As such, the Court affirmed the district and bankruptcy courts.
- Procedural context:
- Appellant raised 6 issues on appeal. The Third Circuit rejected each as the "Bankruptcy and District Courts appropriately and adequately addressed each of those issues..." One issue had not been raised before the prior tribunals - whether the debtor had failed to assume an agreement if it was a license instead of a lease.
- Facts:
- The Third Circuit did not engage in a discussion of the facts because the bankruptcy and district courts had so "appropriately and adequately" addressed such isues. Instead, the decision focused primarily on appellant's attempt to raise an issue for the first time before the Third Circuit.
- Judge(s):
- Rendell, Fuentes and Hardiman
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