· 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).
Sourced from CourtListener / Free Law Project (CC0).
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