Legal Opinion

Geron ex rel. Estate of Thelen LLP v. Seyfarth Shaw LLP (In re Thelen LLP)

Court of Appeals for the Second Circuit

Decided November 15, 2013No. Docket No. 12-4138-bkPublishedCited by 162 opinions

1Opinion of the Court

GERARD E. LYNCH, Circuit Judge:

This case requires us to decide whether, for purposes of administering the firm’s related bankruptcy, New York law treats a dissolved law firm’s pending hourly fee matters as its property. Because we conclude that we cannot definitively answer that question without the guidance of the New York Court of Appeals, we certify controlling questions of law to that court.

BACKGROUND

I. Facts

On October 28, 2008, the partners of the law firm Thelen LLP (“Thelen”), a registered limited liability partnership governed by California law, voted to dissolve the firm, which was…

2Cases cited34 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
  3. Hayden v. PatersonCourt of Appeals for the Second Circuit · 2010
  4. Staehr v. Hartford Financial Services Group, Inc.Court of Appeals for the Second Circuit · 2008
  5. Cooney v. Osgood Machinery, Inc.New York Court of Appeals · 1993

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3Cited by162 opinions

  1. Chen v. Dunkin' Brands, Inc.Court of Appeals for the Second Circuit · 2020
  2. Pasternack v. Laboratory Corp. of America HoldingsCourt of Appeals for the Second Circuit · 2015
  3. Asarco LLC v. GoodwinCourt of Appeals for the Second Circuit · 2014
  4. Gonzalez v. City of N.Y.District Court, S.D. Illinois · 2019
  5. In re Libor-Based Fin. Instruments Antitrust Litig.District Court, S.D. Illinois · 2018

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