DPWN Holdings (USA), Inc. v. United Airlines, Inc. (Second Circuit)

DHL’s parent company, DPWN Holdings, United Airlines alleging that United had participated in a massive, international price-fixing conspiracy to charge inflated freight-forwarding fuel surcharges. We represented United, and argued that DHL’s claim was discharged by United’s bankruptcy. The district court determined that because United was alleged to have fraudulently concealed the price-fixing conspiracy, it would violate due process to hold the claim discharged. We sought and obtained permission to pursue an interlocutory appeal. We argued to the Second Circuit that the district court’s due process ruling would disrupt settled bankruptcy practice and make the discharge of claims in bankruptcy effectively impossible. The Second Circuit vacated the district court’s order and remanded for further proceedings.


Brief for Appellants

Petition for Permission to Appeal

Reply Brief