Legal Opinion

Kirschner v. Bennett

District Court, S.D. New York

Decided December 13, 2010No. Nos. 07 MDL 1902(JSR), 07 Civ. 8165(JSR)PublishedCited by 2 opinions

1Opinion of the Court

ORDER

JED S. RAKOFF, District Judge.

On June 3, 2010, Special Master Daniel J. Capra issued a Report and Recommendation in the above-captioned case recommending that the Court adopt the following conclusions:(1) The Trustee has adequately pled a claim for fraudulent inducement as to those FX Customer deposits made after the 2004 leveraged buyout (“LBO”).(2) The Trustee has not adequately pled a claim for fraudulent inducement as to those FX Customer deposits made before the 2004 LBO.(3) The Trustee has not adequately pled a claim for breach of fiduciary duty.(4) The Trustee has not adequately…

2Cases cited68 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Ben Gary Triestman v. Federal Bureau of Prisons, United States of AmericaCourt of Appeals for the Second Circuit · 2006
  4. Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
  5. Central Bank of Denver, N. A. v. First Interstate Bank of Denver, N. A.Supreme Court of the United States · 1994

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3Cited by2 opinions

  1. In Re Refco Securities LitigationDistrict Court, S.D. New York · 2010
  2. Keisha Johnson, individually and on behalf of all others similarly situated v. Renew, LLC and Neil Karnofsky, D.D.S., PLLCDistrict Court, E.D. New York · 2026

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