Legal Opinion

FTE Automotive USA, Inc. v. Old Carco LLC (In re Old Carco LLC)

United States Bankruptcy Court, S.D. New York

Decided May 27, 2015No. Case No. 09-50002 (SMB) (Jointly Administered); Adv. Proc. No. 14-02227 (SMB)Published

1Opinion of the Court

MEMORANDUM DECISION GRANTING MOTION TO DISMISS

STUART M. BERNSTEIN, United States Bankruptcy Judge:

FTE Automotive US, Inc. (“FTE”) is a defendant in a class action currently pending in the United States District Court for the Eastern District of Texas (the “Texas Action”). The class representative in the Texas Action has asserted the rights of Old Careo LLC (f/k/a Chrysler LLC) (“Old Chrysler”) and/or the Old Careo Liquidation Trust (the “Liquidation Trust”) to indemnity from of insurance procured by FTE pursuant to a' supplier agreement between FTE and Old Chrysler (the “Supplier Agreement”).…

2Cases cited15 opinions

  1. Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
  2. Wilton v. Seven Falls Co.Supreme Court of the United States · 1995
  3. Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
  4. Cardinal Chemical Co. v. Morton International, Inc.Supreme Court of the United States · 1993
  5. Niagara Mohawk Power Corp. v. Hudson River-Black River Regulating DistrictCourt of Appeals for the Second Circuit · 2012

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