Legal Opinion
Metro-Goldwyn-Mayer Home Entertainment, Inc. v. Ames Department Stores, Inc. (In Re Ames Department Stores, Inc.)
United States Bankruptcy Court, S.D. New York
Decided February 18, 2005No. 18-14091PublishedCited by 2 opinions
1Opinion of the Court
DECISION ON MOTIONS TO DISMISS
ROBERT E. GERBER, Bankruptcy Judge.
In this adversary proceeding under the umbrella of the chapter 11 case of Ames Department Stores, Inc. (“Ames”), plaintiff Metro-Goldwyn-Mayer Home Entertainment, Inc. (“MGM”) seeks monetary damages against defendants Ames and GMAC Commercial Credit LLC, n/k/a GMAC Commercial Finance LLC (“GMAC”), for conversion, forgery, and negligence, and for the imposition of a constructive trust. Each of Ames and GMAC has moved to dismiss under FRBP 7012(b) and FRCP 12(b)(6) (the “Motions to Dismiss”). It may well be that under the analysis…
2Cases cited30 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Derry Sykes v. John James, New York State Parole OfficerCourt of Appeals for the Second Circuit · 1993
- Krumme v. WestPoint Stevens Inc.Court of Appeals for the Second Circuit · 2000
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3Cited by2 opinions
- Kraken Investments Ltd. v. Jacobs (In re Salander-O'reilly Galleries, LLC)District Court, S.D. New York · 2012
- Dibbern v. Adelphia Communications Corp. (In Re Adelphia Communications Corp.)United States Bankruptcy Court, S.D. New York · 2005