Retirement Plan of the UNITE HERE National Retirement Fund v. Kombassan Holding A.S.

• Summarized by Janice Grubin , Barclay Damon, LLP
• 15 years 3 weeks ago

Citation:

No. 07-4143 (2d Cir. December 21, 2010)

Ruling:

The Court held that Kombassan was liable for the ERISA withdrawal liabiity of HOM based on Kombassian being the alter ego of the HOM shareholders in continuing to exercise complete control over...

Tag(s):

• 2nd Circuit

DISH Network Corp. v. DBSD North America, Inc. (In re DBSD North America, Inc.)

• Summarized by G. Warner , St. John's University School of Law
• 15 years 1 month ago

Citation:

2011 WL 350480

Ruling:

(1) Rejecting the view that appellate standing requires that an actual pecuniary interest be affected, the majority held that an "out of the money" unsecured creditor had standing to appeal...

Tag(s):

• 2nd Circuit

Adelphia Recovery Trust v. HSBC Bank USA (In re Adelphia Recovery Trust)

• Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
• 15 years 1 month ago

Citation:

Nos. 09-0799-bk(L), 09-0808-bk(Con), 09-0810-bk(Con) (2d Cir. Feb. 9, 2011)

Ruling:

Rejecting the district court’s ratification analysis, the Second Circuit held that, as a successor in interest of the Adelphia DIP the Adelphia Recovery Trust’s (“ART”) fraudulent...

Tag(s):

• 2nd Circuit

Bondi v. Bank of America Corp. (In re Parlamat Secs. Lit.)

• Summarized by George Klidonas , Latham & Watkins LLP
• 15 years 1 month ago

Citation:

No. 09-4302-cv (L) (2d Cir. Jan. 18, 2011)

Ruling:

In deciding the issues of jurisdiction and abstention, the United States Court of Appeals for the Second Circuit held that the United States District Court for the Southern District of New York...

Tag(s):

• 2nd Circuit

Parmalat Capital Finance Limited, et al. v. Bank of America Corporation, et al. (In re Parmalat Securities Litigation)

• Summarized by Carrie Hardman , Winston & Strawn LLP
• 15 years 1 month ago

Citation:

(2nd Circuit, Dec 31,1969)

Diesel Props S.R.L. v. Greystone Business Credit II, LLC

• Summarized by Swapna Deshpande , AlixPartners LLP
• 15 years 2 months ago

Citation:

No. 09-3899-3900 (January 6, 2011 2d Cir.)

Ruling:

Affirmed in part (Dismissing Diesel’s claims), Reversed in part (Reversed order by District Court awarding Greystone damages on its counterclaim against Props for unjust enrichment). As to...

Tag(s):

• 2nd Circuit

In re: Park Avenue Garage, LLC

• Summarized by Henry Baer , Finn Dixon & Herling LLP
• 15 years 3 months ago

Citation:

(2nd Circuit, Dec 31,1969)

SunCal Communities I LLC v. Lehman Commercial Paper, Inc.

• Summarized by Robert Yan , Otterbourg P.C.
• 15 years 3 months ago

Citation:

(2nd Circuit, Dec 31,1969)

Ruling:

The Court held that the bankruptcy court did not abuse its discretion in approving a compromise between certain Lehman entities and third-party entities. The Court found that the order approving...

Tag(s):

• 2nd Circuit

In re Lavender

• Summarized by Robert Yan , Otterbourg P.C.
• 15 years 3 months ago

Citation:

Case No. 10-0984, 2010 U.S. App. LEXIS 23021 (2d Cir. November 3, 2010)

Ruling:

The Court held that the Bankruptcy Court properly denied the Debtor’s motion for summary judgment. Based on the facts of the case, there was a genuine question of material fact concerning...

Tag(s):

• 2nd Circuit

Khalida Scheidelman and Ronald Scheidelman v. Clinton B. Henderson and Renata Henderson

• Summarized by Henry Baer , Finn Dixon & Herling LLP
• 15 years 3 months ago

Citation:

(2nd Circuit, Dec 31,1969)

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