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Supreme Court of Ohio

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Does Federal Law Preempt State Tort Action Based on Non-Debtor's Alleged Abuse of Bankruptcy Proceedings?

PNH et al. v. Alfa Laval Flow, Inc., Case no. 2010-1430

7th District Court of Appeals (Mahoning County)

ISSUE: May a party to a federal bankruptcy action who is not the debtor seeking relief pursue a tort action in state court against another party to the bankruptcy action, who also is not the debtor, based on a claim that the second party intentionally abused the bankruptcy litigation process to cause harm to the plaintiff?

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Ohio Government Judicial Branch Supreme Court of Ohio

Markers Transcript

00:00:26	Jeffrey T. Witschey for Ronald Creatore & PNH, Inc.
00:13:17	James M. Lyons Jr. for Alpha Laval Flow, Inc.
00:26:20	Summation: Jeffrey T. Witschey for Ronald Creatore & PNH, Inc.

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Note : Transcripts are compiled from uncorrected captions