Legal Opinion
Bank of America v. Musselman
District Court, E.D. Virginia
Decided October 7, 2002No. CIV.A.02-253-APublishedCited by 15 opinions
1Opinion of the Court
MEMORANDUM OPINION
ELLIS, District Judge.
In this diversity action, the bank creditor of an insolvent company and the company’s receiver seek to recover the defaulted bank loan amount from the company’s officers and directors. Presented in a threshold dismissal motion by one of the defendants is the novel question of Virginia law whether the creditors of an insolvent company may sue the company’s officers for breach of fiduciary duty to recover defaulted loan amounts in the absence of self-dealing by the officers.
Although the Supreme Court of Virginia has not yet addressed this specific issue,…
2Cases cited32 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Smith v. Van GorkomSupreme Court of Delaware · 1985
- Geyer v. Ingersoll Publications Co.Court of Chancery of Delaware · 1992
- Simmons v. MillerSupreme Court of Virginia · 2001
27 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Production Resources Group, L.L.C. v. NCT Group, Inc.Court of Chancery of Delaware · 2004
- Schnelling v. Crawford (In Re James River Coal Co.)United States Bankruptcy Court, E.D. Virginia · 2007
- Savage & Associates, P.C. Ex Rel. Teligent, Inc. v. BLR Services SAS (In Re Teligent, Inc.)United States Bankruptcy Court, S.D. New York · 2004
- Pereira v. CoganDistrict Court, S.D. New York · 2003
- Matson v. Alpert (In re LandAmerica Financial Group, Inc.)United States Bankruptcy Court, E.D. Virginia · 2012
10 more not listed; retrieve them via the Exa API.