Wayne English v. Energy Future Holdings Corp., et al.
Are creditors and debtors, plaintiffs and defendants, and parties in interest allowed, required, or exempt from instituting the mitigation doctrine?
Whether all claims and causes of action travel with the sale of a corporate security or remain with the injured party upon its sale.
Whether at common law, only the person who suffered the injury, absent assignment of a chose in action, can seek redress for the injury; a position supported by the American Bankers Association, the Commercial Law Professors, and a recent decision by the Supreme Court of Ohio in Cheatham, infra., in contrast to the decision by the Third Court of Appeals in English v EFH.
Whether creditors and debtors, plaintiffs and defendants, and parties in interest are allowed, required, or exempt from instituting the mitigation doctrine