Federal Judge Rules Class Action Against Kodak's Executives Lacks Evidence

NEW YORK - A federal judge in New York on Nov. 8 dismissed a class action filed by purchasers of securities in bankrupt Eastman Kodak Co., ruling that there was no evidence that Kodak's executives knowingly misled the class about their plans to file for bankruptcy (Timothy A. Hutchinson v. Antonio...

Creditors, Agency: Revstone Chairman Shielding Assets; Discovery Needed

WILMINGTON, Del. - The Pension Benefit Guaranty Corp. (PBGC) on Jan. 9 filed a joinder to the motion filed by the Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy case of Revstone Industries LLC, seeking an order compelling Revstone's chairman to produce documents and appear...

Former MF Global Executives: Case Against Them Fails; No Evidence Of Fraud Shown

NEW YORK - A group of former executives of bankrupt MF Global Holdings Inc. (MFGH) on Jan. 16 filed a brief in the U.S. District Court for the Southern District of New York arguing that the class action that was filed against them alleging violations of the Commodity Exchange Act (CEA) in connection...

5th Circuit: Flexible Flyer Did Not Violate WARN Act In Filing For Bankruptcy

NEW ORLEANS - A panel of the Fifth Circuit U.S. Court of Appeals on Feb. 11 affirmed a bankruptcy court's ruling that a company did not violate federal employment law when it suddenly filed for bankruptcy, closed its plan and conducted mass layoffs because those developments were not foreseeable...

Bankruptcy Judge: WARN Claim Against Dewey & LeBoeuf May Proceed As Class Action

NEW YORK - A federal bankruptcy judge on Feb. 11 ruled that a putative class action asserting claims under the Worker Adjustment and Renotification (WARN) Act against bankrupt law firm Dewey & LeBoeuf could proceed (Vittoria Conn v. Dewey & LeBoeuf $(In Re: Dewey & LeBoeuf$), No. 12-12321...

Rothstein Trustee: Privilege Prohibits Production Of Documents

FORT LAUDERDALE, Fla. - The Chapter 11 trustee in the bankruptcy of former law firm Rothstein Rosenfeldt Adler (RRA), on April 12 filed a brief contending that a creditor's motion to compel documents should be denied because it sought documents that were privileged (In Re: Rothstein Rosenfeldt Adler...

Investors Offer $275M For Bankrupt Pharmaceutical Company K-V Discovery

NEW YORK - A group of investors on May 29 made a $275 million offer to buy bankrupt K-V Discovery Solutions Inc. (In Re: K-V Discovery Solutions Inc., No. 12-13346, Chapter 11, S.D. N.Y. Bkcy.).

4th Circuit: Fraud Ruling, Sanctions Proper For Debtor's Discovery Abuses

RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on July 10 ruled that a debtor's repeated violations of discovery orders warranted a decision by a bankruptcy court that denied him the right to present evidence at trial, resulting in his conviction for fraud (Southern Management...

Bankrupt Capitol Bancorp: Discovery Needed Regarding FDIC's Bank Seizures

DETROIT - Bankrupt Capitol Bancorp Ltd. on Aug. 2 moved in the U.S. Bankruptcy Court for the Eastern District of Michigan for an order compelling the Federal Deposit Insurance Corp. to produce documents and to submit to examination through deposition testimony regarding allegations that the FDIC used...

Unions In Detroit Bankruptcy: Discovery On Eligibility Is Valid And 'Vital'

DETROIT - Three union groups on Sept. 1 filed an objection to the City of Detroit's motion for a protective order and the city's motion to quash subpoenas issued for discovery in its Chapter 9 bankruptcy, arguing that it is "an unjustified attempt to forestall" the unions' efforts...

Committee: Excel Maritime 'Improperly Seeks' Discovery From Prepetition Expert

NEW YORK - The Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy of Excel Maritime Carriers Ltd. on Sept. 10 filed a brief arguing that Excel "improperly seeks discovery" from a prepetition expert that was hired by an ad hoc committee of unsecured creditors (In Re: Excel...

Detroit: Union Document Requests Go Beyond What Is Required In Bankruptcy

DETROIT - The bankrupt City of Detroit on Sept. 13 filed objections to all of the document requests filed by the Retired Detroit Police Members Association (RDPMA) as it seeks discovery regarding the city's eligibility to file for Chapter 9 bankruptcy, arguing that the requests "impose a burden"...

Putative Class Seeks Damages For Unrefunded Losses From Bankrupt Revel Casino

TRENTON, N.J. - A group of casino customers filed a putative class action lawsuit in the U.S. District Court for the District of New Jersey on Sept. 13, alleging violations of the New Jersey Consumer Fraud Act, among others, against bankrupt casino Revel Entertainment Group LLC and its affiliate Chatham...

Airlines In Antitrust Case Seek DOJ Documents Related To Other Mergers

WASHINGTON, D.C. - US Airways and American Airlines Inc., which are defendants in an antitrust lawsuit filed by the U.S. Department of Justice (DOJ) related to the proposed merger of the two airlines, on Sept. 20 moved in the U.S. District Court for the District of Columbia for an order compelling the...

Airlines: DOJ's Antitrust Case Belies Claim That Prior Mergers Are 'Irrelevant'

WASHINGTON, D.C. - US Airways Group Inc. and American Airlines Inc. filed a joint brief in the U.S. District Court for the District of Columbia on Sept. 29, arguing that the U.S. Department of Justice (DOJ) "half-heartedly" asserts that factual assumptions related to previous airline mergers...

Irish Bank: Discovery Seeks Material That Is 'Entirely Without Relevance'

WILMINGTON, Del. - The foreign representatives of Irish Bank Resolution Corp. (IBRC) on Oct. 4 filed a brief in the U.S. Bankruptcy Court for the District of Delaware supporting a motion for a protective order against discovery requests from the bank's noteholders (In Re: Irish Bank Resolution Corporation...

Special Master: Airlines Not Allowed To Compel Discovery In Antitrust Lawsuit

WASHINGTON, D.C. - The special master appointed to handle discovery requests in the antitrust lawsuit filed by the U.S. Department of Justice (DOJ) against US Airways Group Inc., and bankrupt American Airlines Inc. on Oct. 10 issued a report saying that the airlines should not be permitted to compel...

Special Master Recommends That Discovery Requests In Airline Merger Case Be Denied

WASHINGTON, D.C. - The special master overseeing discovery in the U.S. Department of Justice's (DOJ) action seeking an injunction to prevent the proposed merger of American Airlines Inc. and US Airways Group Inc. recommended Oct. 10 that certain discovery requests be denied (United States of America...

Former Directors And Officers: Insurers Should See Discovery In Tribune Litigation

WILMINGTON, Del. - A group of former directors and officers of bankrupt Tribune Co. on Oct. 25 moved in the U.S. Bankruptcy Court for the District of Delaware for permission to allow their insurers to see discovery materials pertaining to the adversary proceeding filed against the former directors and...

Class Of MF Global Customers: Allegations Against Auditor Are Pleaded 'Sufficiently'

NEW YORK - Customers who invested private funds with bankrupt MF Global Holdings Ltd. (MFGH) on Oct. 28 filed a brief in the U.S. District Court for the Southern District of New York arguing that their class action complaint sufficiently alleges a negligence claim against MFGH's auditor, Pricewaterhouse...

Broker Files Putative Class Action, Says US Bank Was Complicit In Peregrine Fraud

CHICAGO - Fintec Group Inc., a commodities broker that did business with bankrupt Peregrine Financial Group Inc., on Nov. 11 filed a putative class action against US Bank NA in the U.S. District Court for the Northern District of Illinois, alleging that it was complicit in the fraud perpetrated by Peregrine...

Highway Technologies Seeks OK Of WARN Class Settlement Of More Than $2.02 Million

WILMINGTON, Del. - Bankrupt Highway Technologies Inc. (HTI) on Nov. 19 moved in the U.S. Bankruptcy Court for the District of Delaware for approval of a $2,022,060 settlement involving class claims brought under the Worker Adjustment and Retraining Notification Act (WARN) (In Re: Highway Technologies...

Highway Technologies Bankruptcy Judge Approves WARN Class For Settlement Purposes

WILMINGTON, Del. - The federal bankruptcy judge presiding over the Chapter 11 proceeding of Highway Technologies Inc. (HTI) on Dec. 11 ordered that a class of claimants asserting claims under the Worker Adjustment Retraining and Notification Act (WARN) be certified for the purposes of approving a $2...

Law Firm: Bankrupt Rotech Healthcare Not Allowed To Depose Its Attorneys

WILMINGTON, Del. - The law firm that represented the Official Committee of Equity Security Interest Holders in the Chapter 11 bankruptcy of Rotech Healthcare Inc. on Dec. 13 moved for a protective order, contending that Rotech should not be permitted to depose members of the firm (In Re: Rotech Healthcare...

Class Opposed To Merger Of American, US Airways Appeals, Says Evidence Not Considered

NEW YORK - The class plaintiffs who opposed the merger of bankrupt American Airlines Inc. and US Airways Group Inc. by filing an adversary complaint in the bankruptcy of American Airlines' parent company, AMR Corp., on Dec. 19 filed a designation of appeal contending that evidence presented in the...