Legal Opinion

RSH Liquidating Trust v. Magnacca

United States Bankruptcy Court, N.D. Texas

Decided June 8, 2016No. ADVERSARY NO. 15-04076-rfnPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

Russell F. Nelms, United States Bankruptcy Judge

In this case, the plaintiff, a trust created for the benefit of RadioShack’s creditors, alleges that chief executive officer and director Joseph Magnacca engineered a transaction that delivered RadioShack into the hands of Standard General, its largest shareholder, in order to further Magnac-ca’s personal ambitions. It also alleges that RadioShack’s independent directors were fully aware of Magnacca’s conflicted loyalties and yet permitted him to pursue his…

2Cases cited26 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. In Re Katrina Canal Breaches LitigationCourt of Appeals for the Fifth Circuit · 2007
  4. Aronson v. LewisSupreme Court of Delaware · 1984
  5. Wellness Int'l Network, Ltd. v. SharifSupreme Court of the United States · 2015

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3Cited by1 opinion

  1. Xtreme Power Plan Trust ex rel. DeCaro v. Schindler (In re Xtreme Power Inc.)United States Bankruptcy Court, W.D. Texas · 2016

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