In re: Triple S Restaurants, Inc., No. 07-5452
In a tort action removed to the bankruptcy court, the dismissal of a claim for intentional infliction of emotional distress by the debtor’s general counsel , as well as the imposition of sanctions, was affirmed where: 1) the trustee acted within the scope of his authority when he stated he would refer a particular matter for criminal investigation if plaintiff would not agree to a settlement; 2) the claim of intentional infliction of emotional distress and outrage was properly dismissed; and 3) there was no abuse of discretion in imposing sanctions.
Maxwell v. KPMG, LLP, No. 07-2819
Where a suit by the chapter 7 trustee alleging that the debtor company was harmed by an accounting firm’s breach of its duty of care, and summary judgment in favor of the defendant was affirmed because: 1) even assuming that defendant was negligent in its statement of the company’s earnings, that statement was not the cause of an ill-fated business decision entered into by the company; and 2) the evidence presented did not support the claim for damages, the accounting firm was authorized to seek its Attorneys’ fees before the District Court (hah!).