Berry v. Palmer

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding bankruptcy courts generally apply forum state choice-of-law rules for issues of state law
• applying New York choice-of-law principles to conclude that the applicable state substantive law is where the injury was inflicted and not where the fraudulent act originated
• discussing policy arguments against treating hourly fee matters as partnership property including (1) the nature of the attorney-client relationship, (2) economic consequences and perverse incentives, (3) rules of professional conduct, 11 and (4
• on a motion to dismiss, the court must \accept all factual allegations in the complaint as true and draw all reasonable inferences in plaintiff's favor\
• “Matters judicially noticed by the District Court are not considered matters outside the pleadings.” (quoting Staehr v. Hartford Fin. Servs. Grp., Inc., 547 F.3d 406, 426 (2d Cir. 2008))
• “Where state law is unsettled, [the Court is] obligated to carefully predict how the state’s highest court would resolve the uncertainty or ambiguity.” (citation and quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).