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    Decision in DBSI Inc., holds that the "particularity" requirement of F.R.C.P. 12(b)(6) and 9(b) was satisfied, notwithstanding the number of alleged fraudulent transfers
    2011-05-09

    Summary

    In a 10 page decision signed May 5, 2011, Judge Walsh of the Delaware Bankruptcy Court denied a motion to dismiss and held that the plaintiff Litigation Trustee satisfied the “particularity” requirements of Federal Rules of Civil Procedure 12(b)(6) and 9(b), despite having his complaint allege that each transfer within a 13 page list of transfers was fraudulent. Judge Walsh’s opinion is available here (the “Opinion”).

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, White Collar Crime, Fox Rothschild LLP, Bankruptcy, Debtor, Fraud, Consideration, Debt, Liquidation, Conveyancing, Federal Rules of Civil Procedure (USA), Trustee, United States bankruptcy court
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in DBSI delays motion for summary judgment
    2011-06-07

    Summary

    In an 11 page opinion published May 27, 2011, Judge Walsh granted a motion under F.R.C.P. 56(d) and quoted another opinion which says “where the facts are in possession of the moving party a continuance of a motion for summary judgment for purposes of discovery should be granted almost as a matter of course.” Judge Walsh’s opinion is available here (the “Opinion”).

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Breach of contract, Federal Reporter, Discovery, Consideration, Liquidation, Federal Rules of Civil Procedure (USA), Trustee, Third Circuit
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in Tweeter Opco once again reminds trustees of the specificity requirement in pleading preference actions
    2011-06-30

    Summary

    In an 11 page opinion published June 14, 2011, Judge Walrath ruled that a Chapter 7 Trustee’s lack of specificity in pleading a preference action was grounds for dismissal under FRCP 12(b)(6). Judge Walrath’s opinion is available here (the “Opinion”).

    Background

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Limited liability company, Debt, Liquidation, Constitutional amendment, Federal Rules of Civil Procedure (USA), Trustee
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in Everything But Water, LLC requires preference claimants to identify transferees specifically in granting motion to dismiss
    2011-08-19

    Summary

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Fraud, Federal Reporter, Involuntary dismissal, Bear Stearns, Federal Rules of Civil Procedure (USA), Trustee, United States bankruptcy court, Third Circuit
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Fruehauf opinion illustrates that despite a preference to allow amendment of pleadings, courts won't always allow amendment
    2011-08-10

    Summary

    In a 23 page decision signed July 15, 2011, Judge Walsh of the Delaware Bankruptcy Court denied a motion to allow a plaintiff to file an amended complaint, holding that the amended complaint was too deficient to survive a motion to dismiss and therefore would not be allowed. Judge Walsh’s opinion is available here (the “Opinion”).

    Background

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Fraud, Statute of limitations, Federal Reporter, Liquidation, Constitutional amendment, Federal Rules of Civil Procedure (USA), Trustee, United States bankruptcy court, Third Circuit
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Semcrude decision delineates the process for analyzing motions for continuance vs. motions for summary judgment
    2011-08-14

    Summary

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Natural gas, Federal Reporter, Discovery, Limited partnership, ConocoPhillips, Federal Rules of Civil Procedure (USA), United States bankruptcy court, Third Circuit
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in DBSI Inc., reminds us that district courts have personal jurisdiction throughout the United States
    2011-08-08

    Summary

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Shareholder, Debtor, Unsecured debt, Interest, Federal Reporter, Personal jurisdiction, Debt, Pro rata, Federal Rules of Civil Procedure (USA), United States bankruptcy court, Third Circuit
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Delaware's choice-of-law analysis as provided in a decision in PMTS Liquidating Corp., which partially granted a motion to dismiss
    2011-08-01

    Summary

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Fraud, Fiduciary, Board of directors, Federal Reporter, Liquidation, Goldman Sachs, Federal Rules of Civil Procedure (USA), Trustee, United States bankruptcy court, Third Circuit
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    An Overview of Shotgun Pleadings in the Federal Courts
    2023-08-07

    Advice that may have served House of Pain in their 1992 hit song, “Jump Around,” to “bring a shotgun” to battle likely does not translate well to plaintiffs in federal litigation contemplating bringing a “shotgun” pleading to court. In this article we explore types of shotgun pleadings identified by courts and outline potential responses to a shotgun pleading.

    Shotgun Pleadings and Relationship to the Federal Rules of Civil Procedure

    Filed under:
    USA, Designs and trade secrets, Insolvency & Restructuring, Litigation, Mintz, Fraud, Fiduciary, Federal Rules of Civil Procedure (USA), Eleventh Circuit
    Location:
    USA
    Firm:
    Mintz
    Texas Showdown Over Class Claims
    2018-01-23

    This past November, the Bankruptcy Court for the Southern District of Texas sided with the majority of circuit courts when it held (i) that bankruptcy courts may apply Federal Rule of Civil Procedure 23 to class proofs of claim and administrative proofs of claim, and (ii) that a putative representative may file a conditional claim on behalf of a putative class that may later be certified.

    Filed under:
    USA, Texas, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Royalty payment, Class action, Federal Rules of Civil Procedure (USA), United States bankruptcy court, US District Court for Southern District of Texas
    Authors:
    Peter R. Morrison
    Location:
    USA
    Firm:
    Squire Patton Boggs

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