Legal Opinion

New Jersey Department of Environmental Protection v. Occidental Chemical Corp. (In re Maxus Energy Corp.)

United States Bankruptcy Court, D. Delaware

Decided August 2, 2017No. Case No. 16-11501 (CSS) Jointly Administered; Adv. Pro. No.: 16-51025 (CSS)PublishedCited by 20 opinions

1Opinion of the Court

OPINION

Sontchi, J.

INTRODUCTION

Before the Court is a motion for clarification or, in the alternative, reconsideration (the “Motion for Clarification”) with respect to the Court’s previous ruling that certain claims stemming from a civil action (the “NJ Environmental Litigation”) were to be remanded to New Jersey.1 The Motion for Clarification is brought by Occidental Chemical Corporation (“Occidental”), a named defendant in the NJ Environmental Litigation, as well as the Debtors’2 largest unsecured creditor.3

Occidental requests clarification or, in the alternative, reconsideration regarding…

2Cases cited27 opinions

  1. Yoshio Oto, of the Estate of Noboru Oto v. Metropolitan Life Insurance Company, Defendant/third-Party v. Ashby Beverley, Third-PartyCourt of Appeals for the Third Circuit · 2000
  2. Harsco Corp. v. Lucjan ZlotnickiCourt of Appeals for the Third Circuit · 1986
  3. St. Paul Fire and Marine Insurance Company v. Pepsico, Inc., Pepsico, Inc., Third-Party v. Banner Industries, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1989
  4. North American Catholic Educational Programming Foundation, Inc. v. GheewallaSupreme Court of Delaware · 2007
  5. Ivanhoe Partners v. Newmont Mining Corp.Supreme Court of Delaware · 1987

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3Cited by20 opinions

  1. Harrison v. Soroof Int'l, Inc.District Court, D. Delaware · 2018
  2. In re Energy Future Holdings Corp.United States Bankruptcy Court, D. Delaware · 2017
  3. Baldiga v. Moog, Inc. (In re Comprehensive Power, Inc.)United States Bankruptcy Court, D. Massachusetts · 2017
  4. Maxus Liquidating Trust v. YPF S.A., YPF Int'l S.A., YPF Holdings, Inc. (In re Maxus Energy Corp.)United States Bankruptcy Court, D. Delaware · 2019
  5. Superior Contracting Grp. Inc. v. Rachmale (In re LTC Holdings, Inc.)United States Bankruptcy Court, D. Delaware · 2018

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