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· 6/17/1993

In Re Delorean Motor Company, Debtor. David W. Allard, Jr. v. Howard L. Weitzman, an Individual

Citations

  • 991 F.2d 1236

How courts have described this case

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

  • holding that the Barton Doctrine applied to claims against the trustee’s counsel for abuse of process and malicious prosecution
  • “[A] complaint must contain either direct or inferential allegations respecting all the material elements to sustain a recovery under some viable legal theory.”
  • “Merely collecting, taking steps to preserve, and/or holding assets, as well as other aspects of administering and liquidating the estate, do not constitute ‘carrying on business’ as that term has been judicially interpreted.”
  • “The protection . . . afford[ed] the 14 USCA11 Case: 20-12576 Date Filed: 06/15/2021 Page: 15 of 20 Trustee . . . would be meaningless if it could be avoided by simply suing the Trustee’s attorneys.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kennedy, Norris, Suhrheinrich

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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