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Sunday, July 09, 2006

Rounding up, up, up!

6th Circuit Lowenbraun v. Canary (07/06/06 - No. 05-6032) In a suit alleging libel, slander, and related claims brought against defendant, counsel hired by a bankruptcy trustee to investigate certain transfers from a bankrupt husband to his wife pursuant to their legal separation, judgment for defendant is affirmed where: 1) there was no error in denying a motion to abstain; 2) plaintiff's failure to offer evidence supporting allegation that defendant's actions were prompted by improper motives was insufficient to undermine the application of the Barton doctrine; and 3) defendant was entitled to immunity for both his judicial and extrajudicial statements. 7th Circuit Cannon-Stokes v. Potter (07/05/06 - No. 05-4605) Summary judgment for defendant U.S. Postal Service in a suit under the Rehabilitation Act is affirmed where plaintiff's denial of an identical administrative claim in bankruptcy proceedings triggered judicial estoppel of the current suit. United Air Lines v. HSBC Bank USA (07/06/06 - No. 05-1459) Bankruptcy court ruling that an agreement between United Air Lines and the City of Denver for the financing and operation of newly constructed facilities at the Denver airport was not severable and constituted a lease is affirmed where: 1) the contract was an inherently integrated bargain on its face; and 2) United conceded that the indivisible whole of the agreement constituted a true lease.

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