United States Sixth Circuit

In a tort action removed to bankruptcy proceedings, dismissal of debtor's general counsel's claim against bankruptcy trustee for intentional infliction of emotional distress, as well as imposition of sanctions on general counsel, are affirmed where: 1) because certain negotiations were within the context of recovering assets for the bankruptcy estate, there was no clear error in a finding that defendant acted within the scope of his authority as trustee when he stated he would refer a particular matter for criminal investigation if plaintiff would not agree to the settlement; 2) the claim of intentional infliction of emotional distress and outrage was properly dismissed; and 3) there was no abuse of discretion in imposing sanctions.

Appellate Information

• Decided 03/17/2008
• Published 03/17/2008

Judges

• Before:  MARTIN, GIBBONS, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  R. Kenyon Meyer, Dinsmore & Shohl, Louisville, Kentucky, for Appellant.  Donald L. Cox, William H. Mooney, Lynch, Cox, Gilman & Mahan, Louisville, Kentucky, for Appellee.