Legal Opinion

Kelly Capital, LLC v. S & M Brands, Inc.

District Court, E.D. Virginia

Decided June 1, 2012No. Civil Action No. 3:10cv728PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OPINION

ROBERT E. PAYNE, Senior District Judge.

This matter is before the Court after a bench trial on the First Amended Complaint (“FAC”) (Docket No. 49) filed by Kelly Capital, LLC (“Kelly Capital”) and Kelly Escrow Fund V, LLC (“Kelly Escrow”) 1 against S & M Brands, Inc. (“S & M Brands”); the Amended Counterclaim (“ACC”) filed by S & M against Kelly Capital, Kelly Escrow, and SEI Private Trust Company as Trustee of the SEI Private Trust (“SEI”) (Docket No. 53); and the Amended Answer and Counterclaim filed by SEI against S & M (Docket No. 58).

In Count One of the FAC, Kelly seeks…

2Cases cited23 opinions

  1. W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
  2. Pacific Insurance Company v. American National Fire Insurance Company, Rail Link, IncorporatedCourt of Appeals for the Fourth Circuit · 1998
  3. Seiden Associates, Inc. v. Anc Holdings, Inc., American National Can Co.Court of Appeals for the Second Circuit · 1992
  4. Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
  5. International Multifoods Corporation v. Commercial Union Insurance Co.Court of Appeals for the Second Circuit · 2002

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3Cited by1 opinion

  1. Cammarata v. Kelly Capital, LLCDistrict Court, S.D. California · 2018

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