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· 9/24/1998

Miller v. J.D. Abrams Inc. (In Re Miller)

Citations

  • 156 F.3d 598
  • 12 Tex.Bankr.Ct.Rep. 553
  • 48 U.S.P.Q. 2d (BNA) 1293
  • 1998 U.S. App. LEXIS 23991
  • 33 Bankr. Ct. Dec. (CRR) 282
  • 1998 WL 654811

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 jury’s finding that the defendant wrongfully appropriated property did not include a finding of fraudulent intent
  • holding that a finding of misappropriation, without the requisite mental state, is insufficient to satisfy § 523(a)(4)
  • concluding that where an injury is intentional, is can not be justified or excused
  • noting that \[t]he Supreme Court's disposition in Kawaauhau certainly eliminates the possibility that 'willful' encompasses negligence or recklessness\
  • noting that “[t]he Supreme Court’s disposition in Kawaauhau certainly eliminates the possibility that ‘willful’ encompasses negligence or recklessness”
  • noting that, “[m]erely because a tort is classified as intentional does not mean that any injury caused by the tortfeasor is willful.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Garza, Higginbotham

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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.