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SPCP Group LLC v. Norton

Sep
21
2011
Ruling
Absolute priority rule did not apply to prevent individual chapter 11 debtor from retaining property over objection of unsecured creditor.
Procedural posture

Appellant, appellee debtors' largest unsecured creditor, challenged a decision of the U.S. Bankruptcy Court for the Middle District of Florida, which confirmed the plans of reorganization of the debtors.

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Consumer opinion summary, case decided on September 21, 2011 , LexisNexis #1011-100
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Edwards v. Huntington Ingalls Inc.

Aug
29
2011
Ruling
Unscheduled employment discrimination claims were judicially estopped.
Procedural posture

Following severance of his claims from another case, plaintiff employee, who had previously filed for chapter 13 bankruptcy, filed a complaint against defendant employer, alleging racial discrimination and harassment. Defendant moved for summary judgment based on judicial estoppel.

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Consumer opinion summary, case decided on August 29, 2011 , LexisNexis #0911-089
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Shook v. Winn-Dixie Montgomery Leasing LLC

Dec
04
2009
Ruling
Loss of consortium cause of action not disclosed in bankruptcy could be dismissed.
Procedural posture

Plaintiff wife sued defendants, a grocery store and related entities, and alleged a claim on the basis of respondeat superior, negligence, and a claim based on res ipsa loquitur. Plaintiff husband sought damages for loss of consortium. The husband and wife moved for summary judgment on the issue of liability. The store and entities filed a motion for partial summary judgment to preclude the husband's claims based on his bankruptcy discharge.

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Consumer opinion summary, case decided on December 04, 2009 , LexisNexis #1209-122
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Bridgewater v. Northrup Grumman Ship Sys.

Nov
29
2007
Ruling
Employment discrimination suit dismissed as not disclosed in debtor's bankruptcy.
Procedural posture

Defendant employer filed motions to substitute exhibits and for summary judgment in plaintiff employee's suit alleging that the employer maintained a racially hostile work environment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and the Civil Rights Act of 1866, 42 U.S.C. § 1981. The employee sought monetary as well as injunctive and declaratory relief.

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Consumer opinion summary, case decided on November 29, 2007 , LexisNexis #1207-135
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