Official Committee of Unsecured Creditors Ex Rel. Estate of Lemington Home for the Aged v. Baldwin (In Re Lemington Home for the Aged)

OPINION OF THE COURT

VANASKIE, Circuit Judge.

The Committee of Unsecured Creditors (“the Committee”) on behalf of the Estate of the Lemington Home for the Aged (“the Home”) appeals the District Court’s decision to grant summary judgment in favor of defendants, the officers and directors of the Home, on the Committee’s breach of fiduciary duty and deepening insolvency claims. The District Court found that summary judgment was appropriate because the business judgment rule and the doctrine of in pari delicto barred recovery on the breach of fiduciary duty claims, and because the Committee was…