first roundup in a while …

Cir 6

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.

Cir 7

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!).

Advertisements

Comments are closed.