- 11 U.S.C.
Mosier v. Callister Nebeker & McCullough
Oct
09
2007
Ruling
Trustee could not use "innocent successor" exception to insulate debtor company from wrongdoing of officers and directors.
Procedural posture
Plaintiff bankruptcy trustee sued defendants, a law firm and attorneys, alleging negligence, breach of fiduciary duty, vicarious liability, and breach of the covenant of good faith and fair dealing. Eventually, the federal district court consolidated the malpractice action and the bankruptcy case as it related to the malpractice issue. Defendants moved for Fed. R. Civ. P. 56(c) summary judgment, and the parties filed cross-motions to strike.
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Court
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