Legal Opinion

Silicon Graphics, Inc. v. Merrill Lynch Trust Co. (In Re Silicon Graphics, Inc.)

United States Bankruptcy Court, S.D. New York

Decided February 13, 2007No. 19-10385PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM DECISION GRANTING MOTION TO DISMISS ERISA PREEMPTED CLAIM AND DENYING CROSS-MOTION TO AMEND

BURTON R. LIFLAND, Bankruptcy Judge.

Before the Court is the motion (the “Motion”) of Silicon Graphics, Inc. (“SGI”) to strike an affirmative defense or alternatively, to dismiss a counterclaim asserted by defendant Robert Bishop (“Bishop”), pursuant to Rule 12 of the Federal Rules of Civil Procedure, made applicable here by Rule 7012(b) of the Federal Rules of Bankruptcy Procedure. Bishop, an intervening defendant, opposes the Motion and seeks to amend his answer to include new defenses.…

2Cases cited30 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  3. Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
  4. Aetna Health Inc. v. DavilaSupreme Court of the United States · 2004
  5. MacKey v. Lanier Collection Agency & Service, Inc.Supreme Court of the United States · 1988

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3Cited by7 opinions

  1. Synovus Trust Co. v. Bill Heard Enterprises, Inc. (In Re Bill Heard Enterprises, Inc.)United States Bankruptcy Court, N.D. Alabama · 2009
  2. Ezenia! Inc. v. Nguyen (In re Ezenia! Inc.)United States Bankruptcy Court, D. New Hampshire · 2015
  3. In Re Washington Mutual, Inc.United States Bankruptcy Court, D. Delaware · 2011
  4. Kuhbier v. McCartney, Verrino & Rosenberry Vested Producer PlanDistrict Court, S.D. New York · 2015
  5. In re Alpha Natural Resources, Inc.United States Bankruptcy Court, E.D. Virginia · 2016

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