Legal Opinion

Cargill, Inc. v. JWH Special Circumstance LLC

Court of Chancery of Delaware

Decided November 7, 2008No. Civ. A. 3234-VCPPublishedCited by 27 opinions

1Opinion of the Court

OPINION

PARSONS, Vice Chancellor.

This is an action by a representative of a Delaware statutory trust, which suffered significant losses as a result of a transfer of certain of its assets to the Refco Group shortly before Refco’s collapse in late 2005, against the parent and grandparent entities of the trust’s managing owner. The trust’s representative claims the managing owner violated its fiduciary duties to the trust, and that the managing owner’s parent and grandparent are liable, directly or indirectly, for exercising control over or aiding and abetting the managing owner’s actions to…

2Cases cited19 opinions

  1. Allied Capital Corp. v. GC-Sun Holdings, L.P.Court of Chancery of Delaware · 2006
  2. WALLACE EX REL. CENCOM v. WoodCourt of Chancery of Delaware · 1999
  3. Elf Atochem North America, Inc. v. JaffariSupreme Court of Delaware · 1999
  4. Solomon v. Pathe Communications Corp.Supreme Court of Delaware · 1996
  5. In Re USACafes, L.P. LitigationCourt of Chancery of Delaware · 1991

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3Cited by27 opinions

  1. Feeley v. Nhaocg, LLCCourt of Chancery of Delaware · 2012
  2. Official Committee of Unsecured Creditors of Fedders North America, Inc. Ex Rel. Debtors' Estates v. Goldman Sachs Credit Partners L.P. (In Re Fedders North America, Inc.)United States Bankruptcy Court, D. Delaware · 2009
  3. Burtch v. Opus, LLC (In re Opus East, LLC)United States Bankruptcy Court, D. Delaware · 2015
  4. Burtch v. Huston (In Re USdigital, Inc.)United States Bankruptcy Court, D. Delaware · 2011
  5. Official Unsecured Creditors' Committee of Broadstripe, LLC Ex Rel. Estate of Broadstripe, LLC v. Highland Capital Management, L.P. (In Re Broadstripe, LLC)United States Bankruptcy Court, D. Delaware · 2010

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