Attempt at Reviving Frenville Fails in Delaware
Widespread notice obviated need for allowing a class proof of claim.
Judge Name - Do not use it.
Richard G. Andrews
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Trustee Not Obligated to Obtain Best Price at Auction, Delaware Judge Says
Immunity, fiduciary duty and damages discussed in the context of a low sale price.
Judge Name - Do not use it.
Mary F. Walrath
Punitive Damage Claim from Involuntary Dismissal Brings Jury Trial Rights
Section 303(i)(2) claim, similar to malicious prosecution, invokes Seventh Amendment jury trial rights.
Judge Name - Do not use it.
Cynthia M. Rufe
Third and Ninth Circuits Split on Preemption of Non-Debtor Claims by Section 303(i)
Judge Ambro allows non-debtors to sue for damages from dismissal of involuntary petition.
Judge Name - Do not use it.
Thomas Ambro
Delaware Judge Splits with New York by Upholding Reclamation Creditors’ Rights
Judge Walrath disagrees with Judges Lifland and Gonzales on reclamation rights.
Judge Name - Do not use it.
Mary F. Walrath
Gift Cards Denied Priority Status in Delaware, Contravening Prior Delaware Decision
Delaware’s Judge Kevin Gross declines to follow prior decision by visiting judge.
Judge Name - Do not use it.
Kevin Gross
Preference May Be Offset by an Unpaid Administrative Claim, Judge Carey Rules
Automatic disallowance under Section 502(d) held not applicable to administrative claims.
Judge Name - Do not use it.
Kevin J. Carey
Third Circuit Precludes WARN Act Liability for Acquirers in Typical LBOs
Common ownership and management aren’t enough to prove ‘single employer’ liability.
Judge Name - Do not use it.
Anthony J. Scirica
Class Claims Not Categorically Barred in Bankruptcy, Delaware Judge Rules
Failure to notice all class members was pivotal in permitting a class proof of claim.
Judge Name - Do not use it.
Bankruptcy Judge Laurie Selber Silverstein
Delaware’s Judge Gross Differs with Second Circuit on the Safe Harbor
Judge Gross finds Judge Gerber in Lyondell more persuasive than the Second Circuit in Tribune.
Judge Name - Do not use it.
Kevin Gross