BNY Win in 312 Million Sentinel Case Withdrawn by Court
Bank of New York Mellon Corp.'s victory in a lawsuit challenging its $312 million lien on the assets of bankrupt Sentinel Management Group Inc. was canceled without explanation by a U.S. appeals court, Bloomberg News reported yesterday. A three-judge panel of the U.S. Court of Appeals in Chicago on Nov. 30 withdrew its prior ruling affirming the lender's entitlement to the lien in a two-sentence decree. "The opinion of this court issued on Aug. 9, 2012, is withdrawn and the judgment is vacated," a three-judge panel of Daniel A. Manion, Ilana Diamond Rovner and John D. Tinder said. "This appeal remains under consideration by the panel." After the Northbrook, Ill.-based cash-management firm filed for bankruptcy in 2007, liquidation trustee Frederick Grede sued the New York-based bank alleging that its employees knew Sentinel was improperly using investor assets as collateral for its own line of credit and sought to disallow or subordinate BNY's lien. Following a 2010 trial, U.S. District Judge James B. Zagel in Chicago rejected Grede’s claims. After Manion, Rovner and Tinder upheld that decision, Grede’s lawyers petitioned for a rehearing by the full court.