Legal Opinion
W. Salem Storage, LLC v. Exide Techs. (In re Technologies)
United States Bankruptcy Court, D. Delaware
Decided March 28, 2019No. Case No. 13-11482 (KJC); Adv. No. 17-51826 (KJC)PublishedCited by 2 opinions
1Opinion of the Court
KEVIN J. CAREY, UNITED STATES BANKRUPTCY JUDGE
*756West Salem Storage, LLC (the "Plaintiff" or "West Salem") filed a complaint against the reorganized debtor, Exide Technologies ("Exide"), seeking a declaratory judgment that the confirmed plans in Exide's two prior bankruptcy cases did not discharge West Salem's claims against Exide based on the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") or its Oregon state law equivalent. Currently before the Court is Exide's Motion to Dismiss Complaint under Federal Rule of Civil Procedure 12(b)(6) and Federal Rule of…
2Cases cited21 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Burtch v. Milberg Factors, Inc.Court of Appeals for the Third Circuit · 2011
- Kost v. KozakiewiczCourt of Appeals for the Third Circuit · 1993
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3Cited by2 opinions
- Santiago Quezada, Sr.United States Bankruptcy Court, S.D. New York · 2025
- Weiand Automotive Industries, Inc.United States Bankruptcy Court, D. Delaware · 2020