Decision in DBSI Inc., Reminds Us that District Courts have Personal Jurisdiction Throughout the United States
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News Topic: Motion to Dismiss
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Decision in Crucible Materials Requires Preference Claims to Contain More Than Just Recitations of the Code
Summary In a 12 page decision signed July 6, 2011, Judge Walrath of the Delaware Bankruptcy Court granted a motion to dismiss, holding that a complaint that sets forth only conclusory allegations parroting the statutory language of the Bankruptcy Code is ... Read full article
Delaware's Choice-of-Law Analysis as Provided in a Decision in PMTS Liquidating Corp., Which Partially Granted a Motion to Dismiss
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Decision in DBSI Inc., Reminds Us that District Courts have Personal Jurisdiction Throughout the United States
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Decision in Tweeter Opco Once Again Reminds Trustees of the Specificity Requirement in Pleading Preference Actions
Summary In an 11 page opinion published June 14, 2011, Judge Walrath ruled that a Chapter 7 Trustee’s lack of specificity in pleading a preference action was grounds for dismissal under FRCP 12(b)(6). Judge Walrath’s opinion is available here (the ... Read full article
Decision in In Re: Donna K. Brady Holds: Officers Aren't Contractors
Summary In an 11 page opinion published May 18, 2011, Judge Shannon ruled that, in the context of a motion to dismiss, the officer of a corporation, which is itself a contractor, is not also a contractor by virtue of her position within the corporation. ... Read full article
Decision in Six Flags Bankruptcy Addresses Sufficiency of Pleadings Under Fed.R.Civ.P. 12(b)(6)
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