Legal Opinion

DISH Network Corp. v. DBSD North America, Inc.

Court of Appeals for the Second Circuit

Decided February 7, 2011No. Docket 10-1175, 10-1201, 10-1352PublishedCited by 96 opinions

1Opinion of the Court

Judge POOLER concurs in part and dissents in part in a separate opinion.

GERARD E. LYNCH, Circuit Judge:

These consolidated appeals arise out of the bankruptcy of DBSD North America, Incorporated and its various subsidiaries (together, “DBSD”). The bankruptcy court confirmed a plan of reorganization for DBSD over the objections of the two appellants here, Sprint Nextel Corporation (“Sprint”) and DISH Network Corporation (“DISH”).

Before us, Sprint argues that the plan improperly gave shares and warrants to DBSD’s owner — whose interest lies below Sprint’s in priority — in violation of the…

2Cases cited52 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  3. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  4. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
  5. Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988

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3Cited by96 opinions

  1. U. S. Bank N. A. v. Village at Lakeridge, LLCSupreme Court of the United States · 2018
  2. Statek Corp. V Development Specialists, Inc. (In Re Coudert Bros. Llp)Court of Appeals for the Second Circuit · 2012
  3. Drawbridge Special Opportunities Fund LP v. BarnetCourt of Appeals for the Second Circuit · 2013
  4. Adelphia Recovery Trust v. FPL Group, Inc. (In re Adelphia Communications Corp.)United States Bankruptcy Court, S.D. New York · 2014
  5. Adler v. Lehman Bros. Holdings Inc. (In re Lehman Bros. Holdings Inc.)Court of Appeals for the Second Circuit · 2017

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