Legal Opinion
Mills v. Ellerbee (In Re Ellerbee)
United States Bankruptcy Court, N.D. Georgia
Decided January 6, 1995No. 19-51664PublishedCited by 20 opinions
1Opinion of the Court
DECISION AND ORDER ON MOTIONS FOR SUMMARY JUDGMENT
JAMES E. MASSEY, Bankruptcy Judge.
In 1987 and 1988, Dexter Ellerbee repeatedly libeled Dexter Mills. Mills sued in state court and won a judgment for punitive damages and attorney’s fees, so Ellerbee filed a bankruptcy petition. Mills seeks a ruling from this court that the judgment is for a willful and malicious injury and thus is not dischargeable.
The trial court charged the jury that it could find actual malice so as to award punitive damages if it found that Ellerbee recklessly disregarded the truth. On this basis, Mills contends that the…
2Cases cited49 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Grogan v. GarnerSupreme Court of the United States · 1991
- Bill Clark Herbert Futch Austin Hurst Louis Sliker and William Barrineau v. Coats & Clark, Inc.Court of Appeals for the Eleventh Circuit · 1991
- Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
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3Cited by20 opinions
- Suarez v. Barrett (In Re Suarez)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
- Hamilton v. Hamilton (In Re Hamilton)United States Bankruptcy Court, E.D. Arkansas · 2008
- Merritt v. Rizzo (In Re Rizzo)United States Bankruptcy Court, N.D. Illinois · 2006
- Kasper v. Turnage (In Re Turnage)United States Bankruptcy Court, N.D. Georgia · 2011
- Riddle v. Knapp (In Re Knapp)United States Bankruptcy Court, S.D. Illinois · 1995
15 more not listed; retrieve them via the Exa API.