Bennett v. FCA US LLC (In re Old Carco LLC)
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
STUART M. BERNSTEIN, United States Bankruptcy Judge:
Plaintiff Makenna Bennett ("Plaintiff") filed an action seeking, inter alia , to recover compensatory damages from FCA US LLC f/k/a Chrysler Group, LLC ("New Chrysler") arising from a 2015 accident involving a 2004 Dodge Durango (the "Vehicle") in which she was a passenger.1 New Chrysler has moved to dismiss the claims based on negligence and failure to warn as alleged in her second cause of action, arguing that they are barred by this Court's order (the "Sale Order")2 approving the sale of substantially all of the assets of Old Carco LLC…
2Cases cited19 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Voss v. Black & Decker Manufacturing Co.New York Court of Appeals · 1983
- Hartford Accident & Indemnity Co. v. WesolowskiNew York Court of Appeals · 1973
- LAW DEBENTURE TRUST CO. OF NY. v. Maverick Tube Corp.Court of Appeals for the Second Circuit · 2010
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3Cited by4 opinions
- In re Old Carco LLCUnited States Bankruptcy Court, S.D. New York · 2018
- Overton v. FCA U.S. LLC. (In re Old Carco LLC)District Court, S.D. Illinois · 2019
- In Re: Old Carco LLCDistrict Court, S.D. New York · 2019
- Old Carco LLC, (f/k/a Chrysler LLC)United States Bankruptcy Court, S.D. New York · 2022