Legal Opinion
Bisk Education, Inc. v. Aspect Software, Inc. (In re Aspect Software Parent, Inc.)
United States Bankruptcy Court, D. Delaware
Decided September 6, 2017No. Case No. 16-10597 (MFW); Adv. No. 16-51510 (MFW)PublishedCited by 3 opinions
1Opinion of the Court
AMENDED MEMORANDUM OPINION1
Mary F. Walrath, United States Bankruptcy Judge
Before the Court is the Second Partial Motion to Dismiss the Amended Corn-*721plaint, filed by Aspect Software, Inc. (the “Debtor”). The Debtor seeks to dismiss the claims for fraudulent inducement, negligent misrepresentation, and unjust enrichment with prejudice pursuant to Rules 12(b)(6) and 9(b) of the Federal Rules of Civil Procedure, incorporated by Rules 7012 and 7009 of the Federal Rules of Bankruptcy .Procedure, For the reasons set forth below, the Second Partial Motion to Dismiss will be denied.
I. BACKGROUND
Bisk…
2Cases cited28 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Scheuer v. RhodesSupreme Court of the United States · 1974
- In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
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