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Summaries by Joel Levitin

A&G Goldman PA v. Picard

Citation:
17-512-bk (2nd Circuit, Jun 27,2018) Not Published
Case Status:
Affirmed
Ruling:
SUMMARY ORDER WITH NO PRECEDENTIAL EFFECT. Held that purported securities claim for control person liability asserted by customers in Florida action was instead a disguised claim for the...
Judge(s):
Pierre N. Leval, Gerard E. Lynch, and Christopher F. Droney, Circuit Judges
Tag(s):

Wallach v. Smith (In re Nanodynamics, Inc.)

Citation:
17-2410-cv (2nd Circuit, Jun 13,2018) Not Published
Case Status:
Affirmed
Ruling:
Summary Order, WITH NO PRECEDENTIAL EFFECT. Stock subscription agreement not enforceable by Chapter 7 trustee in bankruptcy under 11 U.S.C. section 365(c)(2), which precludes assumption of " a...
Judge(s):
Dennis Jacobs, Denny Chin, and Raymond J. Lohier, Jr., Circuit Judges
Tag(s):

Clark v. AII Acquisition, LLC

Citation:
17-1727-cv (2nd Circuit, Mar 30,2018) Published
Case Status:
Reversed and Remanded
Ruling:
(1) Standard for review of district court's invocation of judicial estoppel doctrine is abuse of discretion. (2) District court abused discretion in dismissing personal injury case on the basis of...
Judge(s):
Jacobs, Calabresi, and Chen
Tag(s):

Netflix, Inc. v. Relativity Media, LLC (In re Relativity Fashion, LLC)

Citation:
16-3282-bk (2nd Circuit, Aug 22,2017) Not Published
Case Status:
Affirmed
Ruling:
(1)Bankruptcy court had post-confirmation jurisdiction to adjudicate dispute over interpretation of contract assumed by debtor during bankruptcy-if Netflix had been permitted to stream films before...
Judge(s):
Reena Raggi and Raymond J. Lohler, Jr., Circuit Judges, and Joan M. Azrack, District Judge for E.D.N.Y. sitting by designation
Tag(s):

1EE LLC v. Giddens (In re Lehman Brothers Holdings Inc.)

Citation:
16-2737; 16-2788 (2nd Circuit, Jul 27,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
SUMMARY ORDER -- NO PRECEDENTIAL EFFECT. Two former employees of Lehman were not entitled to separate claims against Lehman for bonus claims tied to their employment that were assumed and paid by...
Judge(s):
Dennis Jacobs, Debra Ann Livingston, Circuit Judges; George B. Daniels, District Judge
Tag(s):

Trikona Advisers Ltd. v. Chugh

Citation:
14-975-cv (2nd Circuit, Jan 18,2017) Published
Case Status:
Affirmed
Ruling:
Cayman court ruling was entitled to preclusive effect in litigation pending in Connecticut district court, rejecting appellant's 5 arguments. 1.Chapter 15 of the Bankruptcy Code did not preclude...
Judge(s):
Walker, Chin, and Lohier, Circuit Judges
Tag(s):

Andrews v. McCarron

Citation:
No. 14-1422-bk (2nd Cir. February 11, 2015) (Summary Order)
Ruling:
In Summary Order, with no precedential effect, the Court held that individual debtors were collaterally estopped in the context of non-dischargeablity litigation in bankruptcy from relitigating...
Judge(s):
Barrington D. Parker, Peter W. Hall, and Debra Ann Livingston, Circuit Judges
Tag(s):

Angio Dynamics, Inc. v. Biolitec, Inc.

Citation:
Docket No. 12-4364-cv (2nd Cir. January 9, 2015)
Ruling:
Non-party parent of debtor in appellate litigation was not permitted to be substituted for its subsidiary that settled underlying litigation (through its bankruptcy trustee) and dismissed appeal,...
Judge(s):
Cabranes, Hall, Chin, Circuit Judges
Tag(s):

U.S.A. v. Bond

Citation:
Docket No. 12-4803-bk (2d Cir. August 13, 2014)
Ruling:
The bankruptcy court lacked subject matter jurisdiction to decide a tax refund claim because the liquidating trustee appointed pursuant to the Debtors' confirmed plan of reorganization did not...
Judge(s):
Jacobs, Sack, and Lohier
Tag(s):

Berger & Associates Attorneys v. Kran (In re Kran)

Citation:
Docket No. 13-1931 (2nd Cir. July 25, 2014)
Ruling:
Court of Appeals affirmed the lower courts' decisions that the debtor was entitled to a discharge because denial of discharge is an extreme penalty, with exceptions to be narrowly construed, and...
Judge(s):
Straub, Sack, and Lohier, Circuit Judges
Tag(s):

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