Legal Opinion
Zayler v. Department of Agriculture (In re Supreme Beef Processors, Inc.)
Court of Appeals for the Fifth Circuit
Decided October 19, 2006No. 03-41345PublishedCited by 3 opinions
1Opinion of the Court
EDITH H. JONES, Chief Judge:**
In this bankruptcy case, the debtor, Supreme Beef Processors, Inc. (“Supreme Beef’), asserts that it may pursue tort claims against the United States Department of Agriculture (“USDA”) that would be barred by the federal government’s sovereign immunity outside of bankruptcy. The district court dismissed Supreme Beefs claims, but a panel of this court held that permissive counterclaims against the Government may be used as a setoff pursuant to § 106(c) of the Bankruptcy Code, 11 U.S.C. § 106(c), which allegedly effects a waiver of the USDA’s sovereign immunity.…
2Cases cited23 opinions
- Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
- Butner v. United StatesSupreme Court of the United States · 1979
- United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
- Office of Personnel Management v. RichmondSupreme Court of the United States · 1990
- Hercules, Inc. v. United StatesSupreme Court of the United States · 1996
18 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Sarfani, Inc. v. Mississippi Department of Revenue (In re Sarfani, Inc.)United States Bankruptcy Court, N.D. Mississippi · 2015
- Biscan v. Town of WilmingtonDistrict Court, D. Massachusetts · 2024
- In the Matter Of: Supreme Beef Processors, Inc., Debtor. Stephen Zayler, Trustee of the Estate of Supreme Beef Processors, Inc. v. Department of Agriculture United States of AmericaCourt of Appeals for the Fifth Circuit · 2006