Setting forth the procedural requirements under FRCP 38 and the substantive requirements under the Seventh Amendment and Supreme Court precedent regarding a party’s right to a jury trial in bankruptcy on claims for fraudulent transfer, constructive trust, turnover, unjust enrichment, civil conspiracy, abuse of process, tortious interference, breach of fiduciary duty, and unfair and deceptive business practices.
Date of decision: 11/28/07
Full opinion click here.
Saturday, December 8, 2007
Notinger v. Brown (In re Simply Media, Inc.), 2007 BNH 043
Posted by Rachel Lynn Foley at 2:46 PM
Labels: fiduciary duty, FRCP 38, Judge Deasy, NHB, right to a jury trial, seventh amendment
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