Legal Opinion

Shubert v. Lucent Technologies Inc. (In Re Winstar Communications, Inc.)

United States Bankruptcy Court, D. Delaware

Decided December 21, 2005No. 19-10181PublishedCited by 27 opinions

1Opinion of the Court

MEMORANDUM OF DECISION INCLUDING FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH RESPECT TO COUNTS VII, X, AND XI OF THE SECOND AMENDED COMPLAINT AND COUNTS 5 AND 6 OF THE SECOND AMENDED ANSWER AND COUNTERCLAIMS

JOEL B. ROSENTHAL, Bankruptcy Judge.

This matter came before the Court for trial on Counts VII (breach of subcontract), 1 X (preference), and XI (equitable subordination) of the Second Amended Complaint 2 and one count of fraud (Count 5) and one count of negligent misrepresentation (Count 6) of the Second Amended Answer and Counterclaims. 3 As set forth in greater detail below, the Court…

2Cases cited68 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
  3. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  4. Baxter v. PalmigianoSupreme Court of the United States · 1976
  5. Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990

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3Cited by27 opinions

  1. Schubert v. Lucent Technologies Inc. (In Re Winstar Communications, Inc.)Court of Appeals for the Third Circuit · 2009
  2. Official Committee of Unsecured Creditors of Radnor Holdings Corp. v. Tennenbaum Capital Partners, LLC (In Re Radnor Holdings Corp.)United States Bankruptcy Court, D. Delaware · 2006
  3. Statutory Committee of Unsecured Creditors Ex Rel. Iridium Operating LLC v. Motorola, Inc. (In Re Iridium Operating LLC)United States Bankruptcy Court, S.D. New York · 2007
  4. EBC I, Inc. v. America Online, Inc. (In Re EEC I, Inc.)United States Bankruptcy Court, D. Delaware · 2008
  5. Metcalf v. Golden (In Re Adbox, Inc.)Court of Appeals for the Ninth Circuit · 2007

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