Legal Opinion
Sherwood Partners, Inc. v. Lycos, Inc.
Court of Appeals for the Ninth Circuit
Decided January 11, 2005No. 03-55247PublishedCited by 41 opinions
1Opinion of the Court
Opinion by Judge KOZINSKI; Dissent by Judge D.W. NELSON.
*1200KOZINSKI, Circuit Judge.
We consider whether the Bankruptcy Code preempts a state statute that gives an assignee selected by the debtor the power to void, preferential transfers that could not be voided by an unsecured creditor.
Facts
Thinklink Corp., a unified messaging service provider, entered into an agreement with Lycos, which operates a network of web sites. Lycos agreed to promote Thinklink’s messaging service on Lycos web sites exclusively for two years. Thinklink eventually defaulted on one of its payments; Lycos nevertheless…
2Cases cited20 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Caminetti v. United StatesSupreme Court of the United States · 1917
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
15 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Decker v. Tramiel (In Re JTS Corp.)Court of Appeals for the Ninth Circuit · 2010
- AFI Holding, Inc. v. BrownCourt of Appeals for the Ninth Circuit · 2008
- Caltex Plastics, Inc. v. Lockheed Martin Corp.Court of Appeals for the Ninth Circuit · 2016
- Smith v. AMERICAN FOUNDERS FINANCIAL, CORP.District Court, S.D. Texas · 2007
- Zazzali v. United States (In Re DBSI, Inc.)Court of Appeals for the Ninth Circuit · 2017
36 more not listed; retrieve them via the Exa API.