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June 6, 2010

Circuit Court of Appeals Cases from Last Week

3rd Circuit Court of Appeals, June 01, 2010
In re Exide Technologies, --- F.3d --- (3rd Cir 2010)(agreement to sell substantially all of its industrial battery business is not an executory contract because it does not contain at least one ongoing material obligation for the other party and therefore cannot be rejected)

3rd Circuit Court of Appeals, June 02, 2010
In re Grossman's Inc., --- F.3d --- (3rd Cir 2010)(In Chapter 11 proceedings, plaintiffs' tort claims, arising from exposure to asbestos contained in home improvement products sold by the debtor, are "claims" where: 1) the Frenville accrual test is overruled as it imposes too narrow an interpretation of a "claim" under the Bankruptcy Code; 2) a "claim" arises when an individual is exposed pre-petition to a product or other conduct giving rise to an injury, which underlies a "right to payment" under the Bankruptcy Code, and here, plaintiffs' claims arose sometime in 1977, the date the plaintiff alleged that debtor's product exposed her to asbestos; and 3) on remand, whether a particular claim has been discharged by a plan of reorganization depends on factors applicable to the particular case and is best determined by the appropriate bankruptcy court or the district court)

5th Circuit Court of Appeals, June 03, 2010
In re Velocita Worldwide Logistics Inc., --- F.3d --- (5th Cir 2010)(no implied right of contribution among defendants who agreed to be jointly and individually liable for a payment as part of the settlement agreement for a state tort action where the obligations in the instant settlement agreement were not analogous to the obligations in surety and guaranty agreements, the contractual arrangements in which Texas courts had allowed contribution claims against co-obligors)

5th Circuit Court of Appeals, June 03, 2010
In re Moore, --- F.3d --- (5th Cir 2010)(bankruptcy court's approval of a settlement of estate claims over creditor's objection and despite its offer to purchase the claims for higher value is reversed where the claims at issue could be sold as well as compromised, and the bankruptcy court's failure to consider the effect of such a sale was an abuse of discretion)

6th Circuit Court of Appeals, June 04, 2010
Nat'l Union Fire Ins. Co. v. VP Bldg., Inc., --- F.3d --- (6th Cir 2010)(insurer's petition for administrative expenses dissallowed on the ground that the claim was not "actual" and did not benefit the estate, the insurer's request for reimbursement is not an "actual" expense within the meaning of the bankruptcy code)

D.C. Circuit Court of Appeals, June 01, 2010
Moses v. Howard Univ. Hosp., --- F.3d --- (D.C.Cir 2010)(In an action against a hospital claiming retaliation in violation of the Civil Rights Act, summary judgment for defendant is affirmed where, even after he had filed for bankruptcy, plaintiff continued to hold himself out before the district court as a valid plaintiff, a position "clearly inconsistent" with his pursuit of relief in bankruptcy)

Thanks to Findlaw.com

June 6, 2010 in Other Circuit Briefs | Permalink


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