In Re Derebery

MEMORANDUM OF DECISION RE PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

The plaintiffs motion for summary judgment came on regularly for hearing on March 24, 2004, in Courtroom 302 of the above-entitled court, the Honorable Meredith A. Jury, presiding, with Reid & Hellyer by Mark Schnitzer appearing on behalf of plaintiffimovant and Pagter & Miller by R. Gibson Pagter appearing on behalf of defendant/respondent/debtor. The matter was argued and submitted for further briefing. The court having read and considered the further briefs, and good cause appearing therefor, issues the following Memorandum of Decision, which shall serve as the Court’s Findings of Fact and Conclusions of Law, to the extent necessary to support a decision on a summary judgment motion.

I.

INTRODUCTION

Plaintiffs motion for summary judgment, relying on the principles of issue preclusion, seeks summary judgment against defendant/debtor Daniel Derebery based on a state court judgment after a jury trial. Plaintiffs argument rests on the jury’s answer to a special verdict question that supported an award of punitive damages: “Do you find by clear and convincing evidence that the defendants acted with oppression or…