Legal Opinion

Official Committee of Asbestos of G-I Holding, Inc. v. Heyman

District Court, S.D. New York

Decided April 8, 2002No. 01 Civ. 8539 (RWS)PublishedCited by 48 opinions

1Opinion of the Court

OPINION

SWEET, District Judge.

Defendant Samuel J. Heyman (“Hey-man”) moves pursuant to Rules 9(b) and 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the complaint of the Official Committee of Asbestos Claimants of G-I Holdings (the “Committee”) for failure to plead fraud with particularity and failure to state a cause of action.

For the foregoing reasons, that motion is denied.

Parties

The Committee is a committee of creditors appointed by the United States Trustee pursuant to 11 U.S.C. § 1102(a). The Committee is made up of persons who assert claims against G-I, as successor to GAF…

2Cases cited57 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  5. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982

52 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Neilson v. Union Bank of California, N.A.District Court, C.D. California · 2003
  2. In Re: Kensington International Limited and Springfield Associates, Llc, in Re: D.K. Acquisition Partners, L.P. Fernwood Associates, L.P. And Deutsche Bank Trust Company AmericasCourt of Appeals for the Third Circuit · 2003
  3. Adelphia Communications Corp. v. Bank of America, N.A. (In Re Adelphia Communications Corp.)United States Bankruptcy Court, S.D. New York · 2007
  4. Henneberry v. Sumitomo Corp. of AmericaDistrict Court, S.D. New York · 2006
  5. Picard Ex Rel. Bernard L. Madoff Investment Securities LLC v. Estate of Chais (In Re Bernard L. Madoff Investment Securities LLC)United States Bankruptcy Court, S.D. New York · 2011

43 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API