Big Lots Stores, Inc. v. Bain Capital Fund VII, LLC

How courts have described this case

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

• finding that allowing one unsecured creditor direct standing would circumvent the orderly relief proscribed by the Bankruptcy Code
• holding inaction is not legally equivalent to action when assessing justifiable reliance in connection with a claim for fraudulent inducement not to enforce a debt
• finding that “fraudulent retention” claims were derivative “because [shareholder claimants] failed to allege any distinct injury to themselves.”
• acknowledging the “common sense principle” that the same set of facts can set forth both direct and derivative claims seeking different forms of relief
• acknowledging the “common sense principle” that the same set of facts can set forth both direct and derivative claims seeking different forms of relief
• “[N]on‐ 3 disclosure claims are direct claims where a defendant has failed to disclose 4 material information when they had a duty to disclose it.” (internal quotation 5 marks omitted)

Source: CourtListener parenthetical corpus (CC0).