Legal Opinion

Sportsman's Warehouse, Inc. v. McGllis/Eckman Investments-Billings, LLC (In Re Sportsman's Warehouse, Inc.)

United States Bankruptcy Court, D. Delaware

Decided September 16, 2011No. 19-10485PublishedCited by 16 opinions

1Opinion of the Court

OPINION 1

CHRISTOPHER S. SONTCHI, Bankruptcy Judge.

INTRODUCTION

Before the Court is a motion filed by defendant McGillis/Eckman Investments-Billings, LLC (“McGillis”) to dismiss the adversary proceeding (the “SWI Adversary”) filed by plaintiff Sportsman’s Warehouse, Inc. (“SWI”). McGillis asserts that the Court lacks subject matter jurisdiction over two of the six counts in the complaint (“SWI Complaint”). In the alternative, McGillis requests that the Court abstain from hearing those counts. McGillis also argues that five of the six counts should be dismissed because they fail to state claims…

2Cases cited73 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Fowler v. UPMC SHADYSIDECourt of Appeals for the Third Circuit · 2009
  4. Grogan v. GarnerSupreme Court of the United States · 1991
  5. Pension Benefit Guaranty Corporation v. White Consolidated Industries, Inc., C/o Ct Corporation Systems Registered AgentCourt of Appeals for the Third Circuit · 1993

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3Cited by16 opinions

  1. In re Patriot Place, Ltd.United States Bankruptcy Court, W.D. Texas · 2013
  2. Superior Contracting Grp. Inc. v. Rachmale (In re LTC Holdings, Inc.)United States Bankruptcy Court, D. Delaware · 2018
  3. Ashland Inc. v. G-I Holdings Inc. (In re G-I Holdings, Inc.)United States Bankruptcy Court, D. New Jersey · 2016
  4. JCF AFFM Debt Holdings. L.P. v. Affirmative Insurance Holdings, Inc. (In re Affirmative Insurance Holdings, Inc.)United States Bankruptcy Court, D. Delaware · 2017
  5. In re Samson Resources Corp.United States Bankruptcy Court, D. Delaware · 2016

11 more not listed; retrieve them via the Exa API.

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