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December 27, 2009

Circuit Court of Appeals Cases from Last Week

2nd Circuit Court of Appeals, December 24, 2009
Kirschner v. KPMG LLP, --- F.3d ---, 2009 WL ---------- (2nd Cir. 2009)(the Court of Appeals certifies questions to the Court of Appeals of New York re consequences of insider conduct and the "adverse interest" exception)

3rd Circuit Court of Appeals, December 22, 2009
In re Plassein Int'l Corp., --- F.3d ---, 2009 WL ---------- (3rd Cir. 2009)(in leveraged buy-outs, payments to shareholders of the acquired corporations not avoidable as fraudulent transfers because they were exempt settlement payments under section 546(e))

3rd Circuit Court of Appeals, December 22, 2009
In re 15375 Memorial Corp., --- F.3d ---, 2009 WL ---------- (3rd Cir. 2009)(Chapter 11 dismissed for lack of good faith where petitions served no valid bankruptcy purpose and were used primarily as a litigation tactic to protect debtors and their parent companies from liability in pending litigation)

7th Circuit Court of Appeals, December 21, 2009
In re marchFIRST, Inc., --- F.3d ---, 2009 WL ---------- (7th Cir. 2009)(plaintiff's claims dismissed because they accrued more than five years before it filed its complaint and its claims are barred by the five-year statute of limitations)

9th Circuit Court of Appeals, December 21, 2009
In the matter of: Harris, --- F.3d ---, 2009 WL ---------- (9th Cir. 2009)(action by a Chapter 7 debtor against the bankruptcy trustee is dismissed where: 1) the bankruptcy court had subject matter jurisdiction over plaintiff's state law breach of contract claim; and 2) the bankruptcy court's approval of the acts plaintiff alleged breached the contract entitled the defendants to derived quasi-judicial immunity)

Thanks to Findlaw.com

December 27, 2009 in Other Circuit Briefs | Permalink

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