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New Cases For the Week of March 29, 2010 - April 2, 2010
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Click here to search prior New Opinion summaries.
| March 31, 2010 |
Case |
Court |
Holding |
Jones v. Harris Assoc.
(DBN) |
S. Ct. |
The fiduciary duty imposed on mutual fund advisors with respect to compensation form the fund is the same type of fiduciary duty imposed when assessing the allowability of the claim of a controlling shareholder against a bankruptcy estate. The essence of the test is whether or not under all the circumstances the transaction carries the earmarks of an arm's length bargain. |
In re National Century Financial Enterprises
(DBN) |
SD OH |
Where plaintiffs' counsel retained as an expert a retired lawyer who formerly represented the defendant, defendant's counsel waived the right to complain of a conflict by waiting too long to raise the issue. |
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| March 30, 2010 |
Case |
Court |
Holding |
Grede v. Bank of NY Mellon
(DBN) |
7th Cir. |
The Caplin limitation on a bankruptcy estate's pursuit of third party claims does not apply where creditors assign their claims to a post-confirmation trust. |
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