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· 6/6/2006

Federal Case

Citations

  • 448 F.3d 672

How courts have described this case

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

  • holding that additional equity received because of concealed insolvency was opportunity squandered by corporation’s management
  • holding that under Pennsylvania law deepening insolvency “should not be interpreted to create a novel theory of damages for an independent cause of action like malpractice”
  • explaining that a non-moving party “must present sufficient evidence to allow a reasonable jury to find in his favor”
  • explaining that trial courts consistently disregard “an offsetting affidavit that is submitted in opposition to a motion for summary judgment when the affidavit contradicts the affiant’s prior deposition testimony”
  • defining deepening insolvency as the \fraudulent expansion of corporate debt and prolongation of corporate life\ (emphasis added)
  • increase in insolvency does not occur when there is a capital infusion, but when the cash subsequently is looted or squandered

Source: CourtListener parenthetical corpus (CC0).

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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.