CONSTRUCTION SUBCONTRACT: Summary judgment improperly granted to subcontractor, should be granted to contractor in case encompassing myriad contract law principles… Murnion affirmed, reversed. [Read more…]
Settlement challenge, banks’ “check kiting” scheme
SETTLEMENT CHALLENGE: Adversary proceeding against Debtors’ banks alleging involvement in check-kiting scheme barred by settlement and general release 6 years earlier… proceeding dismissed with prejudice based on collateral estoppel after allowing Trustee to amend complaint to address defects requiring dismissal of prior complaint… Holt. [Read more…]
Settlement challenge, banks’ check-kiting scheme
SETTLEMENT CHALLENGE: Adversary proceeding against 2 of Ch. 11 Debtors’ banks alleging involvement in check-kiting scheme barred by settlement and general release 5 years earlier… passive nondisclosure not grounds to invalidate release… adversary proceeding dismissed for failure to state claim but Trustee granted limited leave to amend… Holt. [Read more…]
University professor contract termination
UNIVERSITY PROFESSOR contract termination claims properly rejected on summary judgment… J. Brown affirmed (IOR I-3(c)). [Read more…]