Legal Opinion
Doucet v. Drydock Coal Co. (In Re Oakley)
United States Bankruptcy Court, S.D. Ohio
Decided November 22, 2008No. Bankruptcy No. 03-59297. Adversary No. 05-2289PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION ON COMPLAINT FOR DECLARATORY JUDGMENT (DOC. 1) AND ON DEFENDANTS’ COUNTERCLAIMS FOR DECLARATORY JUDGMENT (DOC. 42)
CHARLES M. CALDWELL, Bankruptcy Judge.
I. Introduction
Tangible items, including documents in paper form, are susceptible to loss or destruction. When the document is a written contract committed only to paper and as a result of its loss or destruction no original or reliable duplicate remains, the parties’ rights could be at risk. If litigation ensues, the party with potentially-jeopardized rights will introduce secondary evidence of the contract’s existence and…
2Cases cited17 opinions
- United States National Bank v. Independent Insurance Agents of America, Inc.Supreme Court of the United States · 1993
- Harrow Products, Inc. v. Liberty Mutual Insurance CompanyCourt of Appeals for the Sixth Circuit · 1995
- James Kodadek v. Mtv Networks, Inc., a Corporation Viacom International, Inc., a Corporation Mike JudgeCourt of Appeals for the Ninth Circuit · 1998
- Berjian v. Ohio Bell Telephone Co.Ohio Supreme Court · 1978
- The Lincoln Electric Company, Plaintiff-Appellee v. St. Paul Fire and Marine Insurance Company, Defendant-Appellant/ Cross-AppelleeCourt of Appeals for the Sixth Circuit · 2000
12 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Sanchez v. Atlanta Union Mission CorporationCourt of Appeals of Georgia · 2014
- Shye v. Bookspan LLCDistrict Court, E.D. Michigan · 2022