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New Cases For the Week of November 3, 2008 - November 7, 2008
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Click here to search prior New Opinion summaries.
| December 5, 2008 |
Case |
Court |
Holding |
In re Saint Vincents Catholic Medical Centers of New York
(DBN Subscription Required) |
Bankr. S.D. N.Y. |
A confirmed plan channeled medical malpractice claims against the debtor into a trust, and also provided that medical professionals who were liable for the claims would be indemnified by the trust (but did not contain an explicit bar prohibiting the assertion of medical malpractice claims against such professionals). The fact that successful claims against medical professionals would result in payment from the trust on account of some medical malpractice claims that were time-barred as to the debtor did not prevent the assertion of such claims against the non-debtor/professionals. |
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| December 2, 2008 |
Case |
Court |
Holding |
In re Lehman Brothers, Inc.
(DBN Subscription Required) |
Bankr. S.D. N.Y. |
Discovery sought
in aid of soliciting individuals to join a creditor group (here, deferred compensation claimants) fits within the broad categories of
permitted discovery under Rule 2004. |
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