Eastern Trading Company v. Refco, Inc., and Refco Capital Corporation

How courts have described this case

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

• finding that the determination of a reasonable award of attorney fees when the award was contractually-based was an issue “to be resolved after the trial on the ■basis of the judgment entered at trial,” not an issue triable by the jury
• explaining that attorneys’ fees is issue for resolution after verdict
• defining “claim” as legal right to payment arising only after a debt-generating event, e.g., commission of a tort
• interpreting Sunkist Growers as holding that a new trial is required where “the jury [was] instructed on an erroneous theory of liability,” “there [was] no basis for determining whether it relied on that theory,” and the erroneous theory was “supported by the facts”
• “One who aids and abets a fraud is guilty of the tort of fraud . . . nothing is added by saying that he is guilty of the tort of aiding and abetting as well or instead.”
• “Law should be kept as simple as possible. One who aids and abets a fraud is guilty of the tort of fraud (sometimes called deceit); nothing is added by saying that he is guilty of the tort of aiding and abetting as well or instead.”

Source: CourtListener parenthetical corpus (CC0).