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· 5/17/2004

In Re: Kensington International Limited and Springfield Associates, Llc, in Re: D.K. Acquisition Partners, L.P. Fernwood Associates, L.P. And Deutsche Bank Trust Company Americas, in Re: Usg Corporation

Citations

  • 368 F.3d 289
  • 2004 U.S. App. LEXIS 9551

How courts have described this case

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

  • stating that “the appearance of impropriety must be viewed from the perspective of the objective, reasonable layperson”
  • noting that a mandamus petition can be a proper means of challenging a district judge’s refusal to recuse pursuant to 28 U.S.C. § 455
  • looking for a conflict of interest recognizable to an objective, reasonable person knowing all the facts
  • The test is “whether a reasonable person, with knowledge of all the facts, would conclude that the judge's impartiality might reasonably be questioned.”
  • The test is “whether a reasonable person, with knowledge of all the facts, would conclude that the judge's impartiality might reasonably be questioned.”
  • “[I]t is established that a Creditors Committee 24 owes a fiduciary duty to the unsecured creditors as a whole[.]”

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.