Osherow v. Ernst & Young, LLP (In Re Intelogic Trace, Inc.)

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 Federal Rules of Civil Procedure apply to discovery in adversary proceedings pursuant to Fed. R. Bankr.P. 7026-37
• noting that fee hearing could have been stayed pending resolution of malpractice claims, or issues could have been litigated together
• holding a Trustee’s malpractice claims against professionals who had already had their fees awarded by the bankruptcy court were barred by res judicata
• noting that the \central trans- action\ involved in the fee application and malpractice claim was the provision of professional services
• stating that pursuant to Bankruptcy Rule 9014 the court can at any time apply one or more of the rules in Part VII which would let the court apply the Federal Rules of Civil Procedure to discovery in an adversary proceeding
• noting in particular an internal memo-drafted by a board member prior to Ernst & Young’s fee hearing-that complained of flaws in Ernst & Young's preparation of cash flow projections

Source: CourtListener parenthetical corpus (CC0).