CA3· 12/31/2009
W.R. Grace & Co. v. Chakarian
Citations
- 591 F.3d 164
- 40 Envtl. L. Rep. (Envtl. Law Inst.) 20001
- 2009 U.S. App. LEXIS 28761
- 52 Bankr. Ct. Dec. (CRR) 155
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- indicating that for a finding of “related to” jurisdiction indemnification rights must accrue upon the filing of the claim without the intervention of another lawsuit
- finding no “related to” jurisdiction where a civil action “would affect the bankruptcy proceeding only through the intervention of yet another lawsuit”
- finding no \related to\ jurisdiction where \an entirely separate action would be necessary for any liability incurred by [defendant] to have an impact on [debtor's] estate\
- bankruptcy court did not apply law of the case doctrine when state court suit did not involve the same parties and issues
- “The existence of a bankruptcy proceeding itself has never been and cannot be an all-purpose grant of jurisdiction.”
- “While § 105(a) of the Bankruptcy Code allows a bankruptcy court to issue any order necessary to carry out the provisions of the Code, it does not provide an independent source of federal subject matter jurisdiction.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Barry, Fisher, Jordan
Read full opinion on CourtListenerSourced 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.