· 9/30/2010
Gold v. Deloitte & Touche LLP
Citations
- 622 F.3d 613
- 2010 U.S. App. LEXIS 20186
- 53 Bankr. Ct. Dec. (CRR) 199
- 2010 WL 3782187
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that corporation had an interest in having officer properly perform his fiduciary duties, which is “different from the interest harmed in a professional-negligence claim,” and thus aiding and abetting claim was not governed by malpractice limitations period
- dismissing stand-alone count seeking disgorgement with prejudice because “disgorgement is a remedy . . . not an independent cause of action”
- discussing knowledge of a corporate agent being imputed to the corporation under Michigan law
- “The sole actor rule comes into play where the wrongdoer is, in essence, the corporation.”
- “The key point is that ‘a bankruptcy trustee has no standing generally to sue third parties on behalf of the estate’s creditors, but may only assert claims held by the bankrupt corporation itself.’ ”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gilman, White, Watson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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