Legal Opinion

Commerce Industry Insurance v. E.I. Du Pont De Nemours & Co. (In Re Malden Mills Industries, Inc.)

United States Bankruptcy Court, D. Massachusetts

Decided May 10, 2002No. 19-10330PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

JOEL B. ROSENTHAL, Bankruptcy Judge.

This matter came before the Court on the three motions by certain of the defendants (the “Defendants”) 1 for summary judgment (the “Summary Judgment Motions”). 2 The Defendants, each of whom has been sued, for among other thing, negligence and breach of contract in connection with a fire that destroyed Malden Mills Industries, Inc.’s manufacturing plant, allege that they are entitled to summary judgment as a matter of law because they had no duty to advise or warn Malden Mills, Inc. (the “Debtor” and collectively with Commerce Industry…

2Cases cited20 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  3. Milissa Garside v. Osco Drug, Inc.Court of Appeals for the First Circuit · 1990
  4. National Amusements, Inc. v. Town of DedhamCourt of Appeals for the First Circuit · 1995
  5. In Re ARNOLD PRINT WORKS, INC., Debtor. ARNOLD PRINT WORKS, INC., Appellant, v. Joseph APKIN, Et Al., AppelleesCourt of Appeals for the First Circuit · 1987

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3Cited by4 opinions

  1. Gecker v. Flynn (In Re Emerald Casino, Inc.)United States Bankruptcy Court, N.D. Illinois · 2011
  2. Lars, Inc. v. Taber Partners (In Re Lars, Inc.)District Court, D. Puerto Rico · 2003
  3. Nickless v. DiStefano (In re Basile)United States Bankruptcy Court, D. Massachusetts · 2012
  4. The Barbknecht Firm, P.C. v. KeeseUnited States Bankruptcy Court, E.D. Texas · 2020

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