(DOWNLOAD) "Cooper v. Parsky" by Second Circuit U.S. Court Of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Cooper v. Parsky
- Author : Second Circuit U.S. Court Of Appeals
- Release Date : January 02, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Plaintiffs Stanley Cooper ("Cooper") and members of his family (collectively "the Coopers") appeal from a judgment of the United States District Court for the Southern District of New York, John G. Koeltl, Judge, dismissing their amended complaint alleging that defendants Gerald L. Parsky et al. violated various contractual, fiduciary, and other duties to plaintiffs in connection with the Cooper familys ownership of a corporation founded by Cooper. The district court found, inter alia, that there was no diversity jurisdiction, that it lacked personal jurisdiction over certain defendants, that the complaint failed to state a claim on which relief can be granted, and that most of plaintiffs claims were barred by the statute of limitations. On appeal, plaintiffs primarily challenge the rulings that the complaint failed to state claims for breach of fiduciary duty, fraudulent conveyance, and breach of contract and that those claims were barred by the statute of limitations. They also contend that they effectively dropped from the lawsuit the defendant whose presence destroyed diversity. For the reasons that follow, we deem the nondiverse defendant to have been eliminated; we affirm the dismissal of all but one of plaintiffs claims; and we remand for further proceedings on the reinstated claim.
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