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...
Bankruptcy courts may provide Barton approval after debtors have already initiated cases in other forums. Orders allowing debtors to sue others in different forums pursuant to Barton do not...
Judge(s):
Kim McLane Wardlaw, Anthony D. Johnstone, and Scott H. Rash
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....
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...
Federal courts can award attorney’s fees for state-court proceedings that the law requires to advance federal claims. Caselaw has established a “separate-but-related proceeding” exception to...
By not previously bringing claims against Creditor, Debtor forfeited such claims after reaching a settlement agreement with Creditor. While the settlement agreement contains a carve-out provision...
Debtor’s receipt of a turnover order and her failure to comply with its express terms serve as grounds for the bankruptcy court to hold her in contempt and sanction her. Appellants must directly...
Appellant did not make a substantial contribution to the reorganization process under Section 503(b)(3)(D). Appellant acted out of self-interest. Appellant’s stated fees included fees unrelated...
The bankruptcy court misconstrued its post-confirmation jurisdiction. Such jurisdiction exists only where disputes relate to a bankruptcy plan’s execution or implementation. The post-confirmation...
