Legal Opinion

Charell v. Gonzalez (In Re Gonzalez)

District Court, S.D. New York

Decided November 18, 1999No. Bankruptcy No. 99B40524(TLB). Adversary No. 99/8468A(TLB)PublishedCited by 32 opinions

1Opinion of the Court

DECISION DENYING DEFENDANT’S MOTION TO DISMISS COMPLAINT FOR FAILURE TO STATE A CLAIM

TINA L. BROZMAN, Chief Judge.

Introduction

Nicholas J. Gonzalez (the “Debtor”), a physician specializing in unconventional methods of treating cancer, filed for chapter 11 protection following entry of a state court judgment against him by plaintiff Julianne Charell (“Charell”) arising from his post-surgical treatment of her for uterine cancer. The judgment, which was entered following a jury verdict, awarded over $4 million in compensatory damages and $150,000 in punitive damages. The jury’s award of punitive…

2Cases cited34 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Grogan v. GarnerSupreme Court of the United States · 1991
  4. Brown v. FelsenSupreme Court of the United States · 1979
  5. Field v. MansSupreme Court of the United States · 1995

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3Cited by32 opinions

  1. In Re WardUnited States Bankruptcy Court, E.D. New York · 2010
  2. Parklex Associates v. Deutsch (In re Deutsch)United States Bankruptcy Court, S.D. New York · 2017
  3. Fledderman v. Glunk (In Re Glunk)United States Bankruptcy Court, E.D. Pennsylvania · 2006
  4. Lubit v. Chase (In Re Chase)United States Bankruptcy Court, S.D. New York · 2007
  5. Tarone v. Tarone (In Re Tarone)United States Bankruptcy Court, E.D. New York · 2010

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