Goldin v. Primavera Familienstiftung, Tag Associates, Ltd. (In Re Granite Partners, L.P.)

How courts have described this case

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

• holding that fraudulent inducement claims against debt- or’s management were direct and belonged to shareholders, not the trustee
• indicating that the court would “also apply American law to resolve [the] issue” since neither party submitted any specific authority
• explaining that “only the trustee has standing to sue insiders ... for injuries to a corporation ... arising from their waste, mismanagement or breach of fiduciary duty”
• acknowledging that “a shareholder who suffers an injury particular to itself can maintain an individual action even though the corporation also suffers an injury from the same wrong”
• noting that a third party may be subject to suit directly by the shareholders of a debtor “where the allegedly wrongful conduct violates a separate duty to the complaining shareholder independent of the fiduciary duties that the wrongdoer owes to all of the shareholders”
• eiting S.Rep. No. 95-989, 95th Cong., 1st Sess. 82 (1978), reprinted in 1978 U.S.C.C.A.N. 5787

Source: CourtListener parenthetical corpus (CC0).