Shiv B. Katara, as Administrator of Manisha Sportswear, Inc. Defined Pension Trust v. D.E. Jones Commodities, Inc., and Alpha O. Nickelberry

How courts have described this case

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

• noting that duty to mitigate applies in fraudulent liquidation case after stating application generally to involuntary liquidation
• general verdict for fraud cannot stand if evidence is insufficient to support one of two claimed misrepresentations
• a court “cannot assess the weight of conflicting evidence, pass on the credibility of the witnesses, or substitute its judgment for that of the jury”
• in contract claims where agent’s role was clear, “the agent will not be personally bound unless there is clear and explicit evidence of the agent's intention to be so bound.”
• futures contracts based on composite of common stock price index

Source: CourtListener parenthetical corpus (CC0).