· 2/9/2012
James McDaniel Jr. v. John Blust
Citations
- 668 F.3d 153
- 2012 WL 401591
- 2012 U.S. App. LEXIS 2555
- 56 Bankr. Ct. Dec. (CRR) 1
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Barton doctrine applied to suit brought against attorneys for a trustee in bankruptcy
- stating that in making a determination of whether the complained-of act falls under the Barton doctrine, courts consider the nature of the function that the trustee or counsel was performing during the commission of actions for which liability is sought
- stating that in making a determination of whether the complained-of act falls under the Barton doctrine, courts consider the nature of the function that the trustee or counsel was performing during the commission of actions for which liability is sought
- noting that “[t]he Supreme Court established in Barton that before another court may obtain subject-matter jurisdiction over a suit filed against a receiver for acts committed in his official capacity, the plaintiff must obtain leave of the court that appointed the receiver”
- affirming the dismissal of claims against the trustee’s counsel, because the plaintiff’s allegations “can be considered by the bankruptcy court . . . in its role as gatekeeper.”
- affirming the dismissal of claims against the trustee’s counsel, because the plaintiff’s allegations “can be considered by the bankruptcy court . . . in its role as gatekeeper.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Traxler, Gregory, Wynn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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