Legal Opinion
JLL Consultants, Inc. v. Gothner (In re AgFeed USA, LLC)
United States Bankruptcy Court, D. Delaware
Decided February 19, 2016No. Case No. 13-11761(BLS); Adv. No. 15-50210(BLS)PublishedCited by 15 opinions
1Opinion of the Court
OPINION
Brendan Linehan Shannon, Chief United States Bankruptcy Judge
Before the Court is Defendant K. Ivan F. Gothner’s (“Gothner”) Motion to Dismiss the Complaint (the “Motion”) [Adv. Docket No. 7] filed by JLL Consultants, Inc. (“JLL”) as trustee for the AgFeed Liquidating Trust. JLL initiated this adversary proceeding against Gothner alleging that Gothner’s conduct during his time as a director, Chair of the Audit Committee, Vice-Chairman and Chairman of the Board of AgFeed Industries, Inc. (“Ag-Feed”), constituted (i) a breach of fiduciary duty; (ii) gross mismanagement; (iii) an abuse of…
2Cases cited23 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Phillips v. County of AlleghenyCourt of Appeals for the Third Circuit · 2008
- Kost v. KozakiewiczCourt of Appeals for the Third Circuit · 1993
- Platten v. HG Bermuda Exempted Ltd.Court of Appeals for the First Circuit · 2006
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3Cited by15 opinions
- Beskrone v. OpenGate Capital Grp. (In re Pennysaver USA Publ'g, LLC)United States Bankruptcy Court, D. Delaware · 2018
- Don A. Beskrone, Chapter 7 Tr. Pennysaver U.S. Publ'g, LLC v. Opengate Capital Grp., LLC (In re Pennysaver U.S. Publ'g, LLC)United States Bankruptcy Court, D. Delaware · 2019
- JLL Consultants, Inc. v. Gothner (In re AgFeed USA, LLC)United States Bankruptcy Court, D. Delaware · 2016
- Burtch v. Plexus Fund III, L.P.United States Bankruptcy Court, D. Delaware · 2021
- CHESTNUT STREET CONSOLIDATED, LLC v. DAWARADistrict Court, E.D. Pennsylvania · 2022
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