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· 1/25/1996

Cashman v. Montefiore Medical Center

Citations

  • 191 B.R. 558
  • 1996 U.S. Dist. LEXIS 650
  • 1996 WL 30464

How courts have described this case

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

  • finding that prejudice to plaintiff and the lack of prejudice to solvent co-defendants outweigh potential inefficiencies due to overlap of testimony in considering a Rule 42(b) motion to sever
  • finding it appropriate to sever bankrupt co-defendant upon the lack of any clear showing of prejudice sufficient to justify a stay of the entire action
  • granting plaintiffs motion for separate trials when bankrupt co-defendant defendant was not indispensable
  • judicial economy did not weigh in favor of severance of third-party products liability claim from medical malpractice action stemming from silicone implants
  • The “stay against [the bankrupt defendant] merely prohibits a party from suing it or enforcing a judgment against it, it does not preclude [the bankrupt defendant] from being summoned as a witness or responding to non-party discovery”

Source: CourtListener parenthetical corpus (CC0).

Judges: Francis

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.