Legal Opinion
Fairchild Liquidating Trust v. New York (In Re Fairchild Corp.)
United States Bankruptcy Court, D. Delaware
Decided July 29, 2011No. 91-00486PublishedCited by 15 opinions
1Opinion of the Court
OPINION 1
CHRISTOPHER S. SONTCHI, Bankruptcy Judge.
INTRODUCTION
Fairchild Liquidating Trust (“the Trust”) filed these adversary proceedings against the State of New York and the New York Department of Transportation (“NYSDOT”) seeking damages for breach of contract and asserting various takings claims. New York and NYSDOT filed motions to dismiss (the “Motions”) asserting two alternative arguments: (1) New York’s Eleventh Amendment sovereign immunity bars the adversary proceedings against New York and NYSDOT; and (2) the Court should permissively abstain from hearing the matter. However, as…
2Cases cited15 opinions
- Stern v. MarshallSupreme Court of the United States · 2011
- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- Mortensen v. First Federal Savings & Loan Ass'nCourt of Appeals for the Third Circuit · 1977
- Dean Hedges v. United States of America Environmental Moorings InternationalCourt of Appeals for the Third Circuit · 2005
- Chicot County Drainage District v. Baxter State BankSupreme Court of the United States · 1940
10 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Lyn v. Transamerica Small Business Capital, Inc. (In re Lyn)United States Bankruptcy Court, D. Delaware · 2012
- Liquidating Trustee of the MPC Liquidating Trust v. Granite Financial Solutions, Inc. (In re MPC Computers, LLC)United States Bankruptcy Court, D. Delaware · 2012
- Levey v. Hanson's Window & Construction, Inc. (In Re Republic Windows & Doors, LLC)United States Bankruptcy Court, N.D. Illinois · 2011
- JCF AFFM Debt Holdings. L.P. v. Affirmative Insurance Holdings, Inc. (In re Affirmative Insurance Holdings, Inc.)United States Bankruptcy Court, D. Delaware · 2017
- Heller Ehrman LLP v. Gregory Canyon Ltd. (In Re Heller Ehrman LLP)United States Bankruptcy Court, N.D. California · 2011
10 more not listed; retrieve them via the Exa API.