Legal Opinion

Flaxer v. Gifford

Court of Appeals for the Second Circuit

Decided December 9, 2016No. 16-350PublishedCited by 6 opinions

1Opinion of the Court

SUMMARY ORDER

Appellant Jonathan Flaxer, in his capacity as Chapter 11 trustee (the “Trustee”) of Lehr Construction Coip. (“Lehr”), appeals from a judgment of the district court, which affirmed an order of the U.S. Bankruptcy Court for the Southern District of New York granting appellee Peter Gif-ford’s motion to dismiss the Trustee’s faithless servant claim. We assume the parties’ familiarity with the underlying *68facts, the procedural history of the case, and the issues on appeal.

In 2010, the Manhattan District Attorney’s Office discovered that Lehr was systematically overbilling its clients.…

2Cases cited12 opinions

  1. Grullon v. City of New HavenCourt of Appeals for the Second Circuit · 2013
  2. Official Committee Of The Unsecured Creditors Of Color Tile, Inc. v. Coopers & Lybrand, LlpCourt of Appeals for the Second Circuit · 2003
  3. Kirschner v. KPMG LLPNew York Court of Appeals · 2010
  4. Geron ex rel. Estate of Thelen LLP v. Seyfarth Shaw LLP (In re Thelen LLP)Court of Appeals for the Second Circuit · 2013
  5. McConnell v. Commonwealth Pictures Corp.New York Court of Appeals · 1960

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3Cited by6 opinions

  1. Brickley ex rel. CryptoMetrics, Inc. Creditors' Trust v. ScanTech Identification Beams Systems, LLCDistrict Court, W.D. Texas · 2017
  2. Albert Togut, Not Individually but Solely in His C v. Roc Le Triomphe Associates LLCUnited States Bankruptcy Court, S.D. New York · 2024
  3. Japna, Inc. v. Selfx Innovations Inc.District Court, S.D. New York · 2024
  4. Levin v. ModiUnited States Bankruptcy Court, S.D. New York · 2021
  5. Mexico Infrastructure Finance, LLC v. The Corporation of HamiltonDistrict Court, S.D. New York · 2020

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