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Third Circuit· 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 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.