Legal Opinion

In Re Atlas Computers, Inc.

United States Bankruptcy Court, N.D. Oklahoma

Decided April 29, 2010No. 07-11665Published

1Opinion of the Court

MEMORANDUM OPINION

TERRENCE L. MICHAEL, Bankruptcy Judge.

A corporation is a creature of the law. It has no heartbeat. It has no intellectual capacity. It harbors no ill will or malicious intent. A corporation acts only through its employees and agents. At issue is the validity of a claim made against the debtor corporation based upon theories of fraud and conversion. The question is whether a corporation may be held responsible for the allegedly tortious conduct of its agents and employees when those agents and employees have been released from liability as a matter of Oklahoma law. The…

2Cases cited13 opinions

  1. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  2. Scott v. HarrisSupreme Court of the United States · 2007
  3. Grogan v. GarnerSupreme Court of the United States · 1991
  4. Ricci v. DeStefanoSupreme Court of the United States · 2009
  5. Anthony A. Calderone, Clark Hornbaker, Plaintiffs-Counterclaim Defendants v. United States of America, Defendant-Counter-Claimant-AppellantCourt of Appeals for the Sixth Circuit · 1986

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