Legal Opinion

Gavin v. Tousignant (In re Ultimate Escapes Holdings, LLC)

District Court, D. Delaware

Decided February 23, 2016No. Bankr. Case No. 10-12915-BLS (Jointly Administered); Civ. No. 15-241-RGA; Adv. No. 12-50849-BLSPublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION

ANDREWS, UNITED STATES DISTRICT JUDGE:

This matter arises from a complaint for breach of fiduciary duty brought by Edward T. Gavin, Trustee of the UE Liquidating Trust, on behalf of the estates of Ultimate Escapes Holdings, LLC, et al. (“UE”), against UE’s former officer and director James M. Tousignant and former director Richard Keith (“Defendants”). Trustee contends that Tousignant and Keith breached their fiduciary duties of care, loyalty, and good faith owed to UE and its creditors by entering into an Agreement between UE and Club Holdings, LLC (“CH”), dated August 6,…

2Cases cited26 opinions

  1. Aronson v. LewisSupreme Court of Delaware · 1984
  2. Edgar v. Mite Corp.Supreme Court of the United States · 1982
  3. Weinberger v. UOP, Inc.Supreme Court of Delaware · 1983
  4. Kos Pharmaceuticals, Inc. v. Andrx Corporation Andrx Laboratories, IncCourt of Appeals for the Third Circuit · 2004
  5. Guth v. Loft, Inc.Supreme Court of Delaware · 1939

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3Cited by4 opinions

  1. Spradlin v. E. Coast Miner, LLC (In re Licking River Mining, LLC)United States Bankruptcy Court, E.D. Kentucky · 2019
  2. Kapila v. Warburg Pincus, LLCDistrict Court, M.D. Florida · 2024
  3. Peter Hurwitz v. MAHONEYUnited States Bankruptcy Court, D. Delaware · 2024
  4. Space Case, Inc.United States Bankruptcy Court, D. Delaware · 2024

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