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In re: TK Holdings, Inc.
Publication Date: 2023-07-17
Practice Area: Bankruptcy
Industry: Automotive | Insurance | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys:
For plaintiff: Stanley B. Tarr, Blank Rome LLP, Wilmington, DE; David J. Molton, Gerard T. Cicero, Brown Rudnick LLP, New York, NY; Kami E. Quinn, Emily P. Grim, Sarah A. Sraders, Gilbert LLP, Washington, DC for appellant.
For defendant: Evan T. Miller, Daniel N. Brogan, Steven D. Adler for appellee.
Case number: 17-11375 (BLS)

Bankruptcy court correctly dismissed adversary proceeding that was essentially an insurance coverage dispute, rendering the matter a non-core proceeding that was also subject to a forum selection clause in the underlying insurance policy.

Appellate Division, First Department: December 12, 2022
Publication Date: 2022-12-12
Practice Area: Appellate Division Activity | Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:December 8, 2022

Appellate Division, First Department: November 21, 2022
Publication Date: 2022-11-21
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:November 17, 2022

Spiegel v. Hawco,
Publication Date: 2022-08-02
Practice Area: Legal Malpractice
Industry: Legal Services
Court: Supreme Court, New York
Judge: Justice Shlomo Hagler
Attorneys:
For plaintiff:
For defendant:
Case number: 159930/2015

Plaintiff Knowingly Accepted Terms of Stipulation; Malpractice Claim Dismissed

Appellate Division, Second Department: February 9, 2022
Publication Date: 2022-02-14
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, Second Department: February 9, 2022

SPay, Inc. v. Stack Media Inc.
Publication Date: 2022-01-04
Practice Area: Mergers and Acquisitions
Industry: Software
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys:
For plaintiff: John A. Sensing, Clarissa R. Chenoweth-Shook, Potter Anderson & Corroon LLP, Wilmington, DE; Dylan P. Kletter, Anthony J. Boccamazzo, Kelsey D. Bond, Brown Rudnick LLP, Hartford, CT for plaintiff.
For defendant: William D. Sullivan, William A. Hazeltine, Sullivan Hazeltine Allinson LLC, Wilmington, DE; Peter Skinner, Duane Loft, David Barillari, Lindsey Ruff, Anastasia Cembrovska, Boies Schiller Flexner LLP, New York, NY; Donna L. Culver, Derek C. Abbott, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Sean D. Malloy, Jennifer D. Armstrong, McDonald Hopkins LLC, Cleveland, Ohio; Geoffrey G. Grivner, Kody M. Sparks, Buchanan Ingersoll & Rooney PC. Wilmington, DE; Sidney S. Liebesman, Fox Rothschild LLP, Wilmington, DE; Stephanie Resnick, John C. Fuller, Fox Rothschild LLP, Philadelphia, PA for defendants.
Case number: D69663

The court held it had subject matter jurisdiction over all claims though some were common law rather than equitable claims.

In Re: Old BPSUSH, Inc.
Publication Date: 2021-10-27
Practice Area: Corporate Governance
Industry: Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys:
For plaintiff: Andrew M. Carty, Brown Rudnick LLP, New York, NY; James W. Stoll, Brian M. Alosco, Brown Rudnick LLP, Boston, MA; Garvin McDaniel, Hogan McDaniel, Wilmington, DE for appellant.
For defendant: Robert A. Fumerton, Lisa Laukitis, William J. O’Brien, Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY; Paul J. Lockwood, Jason M. Liberi, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE; Chris Paparella, Nathaniel J. Kritzer, Steptoe & Johnson LLP, New York NY; John J. Byron, Steptoe & Johnson LLP, Chicago, IL; Jeremy W. Ryan, D. Ryan Slaugh, Potter Anderson & Corroon LLP, Wilmington, DE for appellees.
Case number: D69586

In this adversary proceeding, the counterclaims filed by liquidation trustee against former directors and officers of debtor failed to state the necessary elements of breach of duty of care and loyalty because trustee did not plead gross negligence.

Cargo Logistics Int'l LLC v. Overseas Moving Specialists Inc.
Publication Date: 2021-09-07
Practice Area: Admiralty | Contractual Disputes
Industry: Cargo and Shipping
Court: U.S. District Court for the Eastern District of New York, U.S. - EDNY
Judge: District Judge Margo Brodie
Attorneys:
For plaintiff:
For defendant:
Case number: 20-CV-2130

Fraud Claims Grounded on Statements After Cargo's Arrival in Israel Survive Dismissal

In re: TK Holdings, Inc.
Publication Date: 2021-07-28
Practice Area: Bankruptcy
Industry: Automotive | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys:
For plaintiff: James F. DeBouno, pro se appellant, Voorhees, NJ;
For defendant: Stanley B. Tarr, Blank Rome LLP, Wilmington, DE; David J. Molton, Cameron Moxley, Gerard T. Cicero, Uchechi A. Egeonuigwe, Brown Rudnick LLP, New York, NY for trustee of Takata Airbag Tort Compensation Trust.
Case number: D69481

The court affirmed a decision by the bankruptcy court which rejected certain claims because debtors did not manufacture the sensor that was responsible for claimants' injuries.

Appellate Division, First Department: March 18, 2021
Publication Date: 2021-03-22
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, First Department: March 18, 2021

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