Legal Opinion

In Re Enron Corp.

District Court, S.D. New York

Decided October 22, 2002No. 02 Civ. 4159(AKH)PublishedCited by 4 opinions

1Opinion of the Court

OPINION AND ORDER REVERSING BANKRUPTCY COURT

HELLERSTEIN, District Judge.

In November of 2001, as Enron was sliding into financial trouble, it signed a Merger Agreement with Dynegy, one of its main competitors. Before the merger was completed, Dynegy withdrew from the agreement, claiming that its withdrawal was permitted by the Agreement because of the occurrence of a materially adverse condition in Enron’s financial affairs. Now Enron is in bankruptcy and Enron’s shareholders, claiming that Dynegy breached the Merger Agreement, seek to sue Dyne-gy to enforce rights specifically awarded to them…

2Cases cited20 opinions

  1. Allen v. WrightSupreme Court of the United States · 1984
  2. United Airlines, Inc. v. McDonaldSupreme Court of the United States · 1977
  3. Golden Pacific Bancorp, Plaintiff-Counter-Defendant-Appellant v. Federal Deposit Insurance Corporation Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Second Circuit · 2001
  4. Commonwealth v. DavisTexas Supreme Court · 1942
  5. Pierce v. Tennessee Coal, Iron & RailroadSupreme Court of the United States · 1899

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3Cited by4 opinions

  1. Solutia Inc. v. FMC Corp.District Court, S.D. New York · 2005
  2. Consolidated Edison, Inc. v. Northeast UtilitiesDistrict Court, S.D. New York · 2003
  3. e-Realbiz.com, LLC v. Protocol Communications, Inc. (In Re Real Marketing Services, LLC)District Court, S.D. California · 2004
  4. MatlinPatterson Global Opportunities Partners L.P., MatlinPatterson Global Opportunities Partners (Bermuda) L.P. and MatlinPatterson Global Opportunities Partners B, L.P. v. Deutsche Bank Securities USA, Inc. and Credit Suisse Securities (USA) LLC, Texas Court of Appeals, 9th District (Beaumont)2014

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