Legal Opinion
PNH, Inc. v. Alfa Laval Flow, Inc.
Ohio Supreme Court
Decided September 7, 2011No. 2010-1430PublishedCited by 12 opinions
1Opinion of the CourtO’Donnell, J.
{¶ 1} The issue we confront in this appeal is whether the claims of PNH, Inc., and Ronald Creatore against Alfa Laval Flow, Inc., for abuse of process and tortious interference with a contract are preempted by the United States Bankruptcy Code because they seek to recover for misconduct allegedly committed during a federal bankruptcy court proceeding.
{¶ 2} PNH and Creatore asserted that Alfa Laval misused an involuntary-bankruptcy case it filed against Girton, Oakes & Burger, Inc., in an effort to eliminate Creatore as a competitor in the sale of equipment for sanitary processing of food and…
2Cases cited26 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
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