John O’Toole writes:
On July 13, 2016, Judge Kevin J. Carey denied a former shareholder’s (the “Movant”) Motion to Proceed Qui Tam (the “Motion”) against the chapter 11 debtors (the
Continue Reading Qui Tam Motions and Settlements
Fraud
Delaware’s Choice-of-Law Analysis as Provided in a Decision in PMTS Liquidating Corp., Which Partially Granted a Motion to Dismiss
By Fox Rothschild LLP on
Summary
In a 20 page decision signed July 1, 2011, Judge Shannon of the Delaware Bankruptcy Court partially granted a motion to dismiss, holding that the allegations of fraud in…
Continue Reading Delaware’s Choice-of-Law Analysis as Provided in a Decision in PMTS Liquidating Corp., Which Partially Granted a Motion to Dismiss
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
By Fox Rothschild LLP on
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…
Continue Reading 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