Bonum Certa Men Certa

Quick Mention: Novell Sued by Andrew J. Maxwell (for marchFirst)

Novell tattoo



Summary: The marchFirst case carries on, with Novell on the defensive side

FOR details about the MarchFirst case, see this new page:

This matter is before the court for ruling on the motion of plaintiff Andrew J. Maxwell, chapter 7 trustee, for judgment on the pleadings on Count I of his adversary complaint against defendant Novell, Inc. In that count, Maxwell alleges that Novell's Claim No. 4524 is a claim for damages arising from the purchase or sale of a security of debtor marchFirst, Inc. and therefore must be subordinated to all senior or equal claims pursuant to section 510(b) of the Bankruptcy Code, 11 U.S.C. ۤ 510(b). For the reasons that follow, Maxwell's motion will be granted.


It does not look like a particularly new case. Groklaw has mentioned it for several years. It just comes to show how slow justice can be (like the SCO debacle).

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