The charged misappropriations caused USACM to sustain millions of dollars in losses and required its bankruptcy filing. The record before the district court demonstrated that, for all relevant purposes, Hantges and Milanowski utterly controlled and dominated USACM: they were the majority shareholders, owning collectively at least 83% of the stock at any given time prior to bankruptcy; held top management positions including CEO and President, respectively; were the only two directors until 2001 when they appointed a nominal third director, who admittedly had no active involvement in the company; and were perceived by other actors within USACM as the relevant decision-makers whose actions could not be overridden.
In February 2006, EPA filed a proof of claim in the Trust’s bankruptcy proceeding seeking the recovery of past and estimated future cleanup costs incurred in connection with the site. “We are very pleased that as a result of vigorous enforcement in the bankruptcy court, the United States was able to achieve a substantial recovery,” said Robert G.
Under the settlement agreement, the APCO Liquidating Trust and the APCO Missing Stockholder Trust have agreed to pay $14 million to the United States in order to resolve the U. Dreher, Acting Assistant Attorney General for the Environment and Natural Resources Division. taxpayers and the environment.” The ORC Site was operated by Anderson-Prichard Oil Corporation and APCO Oil Corporation as an oil refinery from 1920 until about 1978, and then in a limited capacity by Oklahoma Refining Company until 1987.
No petitions for rehearing and/or rehearing en banc will be entertained. With regard to the aiding and abetting breaches of fiduciary duty claim, USACM would have discovered Deloitte's failure to report and/or affirmative cover-up of Hantges' and Milanowski's fraudulent schemes no later than when Deloitte terminated its services with USACM in January 2003.
The withdrawn memorandum disposition is replaced and superseded by the attached opinion. § 11.190(3)(d) expired in January 2006, which again preceded the petition date and therefore could not be extended under 11 U. The sole actor rule is a limited exception to the adverse interest exception, which precludes the general imputation of an agent's acts to the principal corporation under agency law when the agent's actions are “completely and totally adverse to the corporation.” Glenbrook, 252 P.3d at 695.3.
§ 11.190(3)(d), applied by the district court to the breaches of fiduciary duty claim, provides limitations for an action grounded on fraud. As observed by the district court, this claim is more akin to fraud than an auditor malpractice claim.
Under Nevada law, the knowledge of an officer or agent is imputed to the corporation when the agent obtains the knowledge "while acting in the course of his employment and within the scope of his authority, and the corporation is charged with such knowledge even though the officer or agent does not in fact communicate his knowledge to the corporation." ***Further, a corporation is "responsible for the acts of its authorized agents even if particular acts were unauthorized," because the "risk of loss from the unauthorized acts of a dishonest agent falls on the principal that selected the agent." Kirschner v. "Where the state's highest court has not decided an issue, the task of the federal courts is to predict how the state high court would resolve it." *** "In answering that question, this court looks for 'guidance' to decisions by intermediate appellate courts of the state and by courts in other jurisdictions." ***Other jurisdictions would require an agent to completely abandon the principal's interests and act entirely for his own purposes. Finally, the Court concludes that to the extent Nevada would adopt an innocent decision maker exception, it would do so as a corollary to the sole actor rule and not as an independent exception to imputation. Ziehl has been a member of the firm’s management committee since it was founded in 1983, overseeing its growth into the nation’s largest law firm specializing in insolvency matters. District Court for the Central District of California. Admitted to the bar in both California and New York, he has a national bankruptcy and litigation practice, specializing in complex bankruptcy proceedings and business litigation, with significant trial experience in both state and federal courts. Ziehl has represented debtors, creditor committees, bondholders, trustees, examiners, and equity holders in many of the firm’s most notable engagements, including the high-profile chapter 11 cases of Lehman Brothers, Adelphia Communications, American Suzuki Motor Corporation and Namvar/Namco, as well as numerous out-of-court workouts. from Loyola Law School of Los Angeles, where he was a member of the Following law school, he clerked for the Hon. With previous experience working in the banking industry, Brigid Higgins provides financial insight to her clients when advising them on bankruptcy workout and litigation matters. The company's filing status is listed as Permanently Revoked and its File Number is E0848732007-2.On June 17, 2013, EPA Region 6 and the Oklahoma Department of Environmental Quality issued a record of decision for Operable Unit 2.