Inslaw, Inc. v. United States

How later courts describe this case

• stating that negative inference drawn from the assertion of the Fifth Amendment is not enough to preclude entry of summary judgment
• nonmoving party may not defeat summary judgment by relying on conclusory allegations or legal conclusions
• finding cause to annul the automatic stay to permit trademark licensor to terminate prepetition license agreement
• affirming imposition of Rule 11 sanctions in RICO case where attorney could not reasonably have believed at the time of the filing of the complaint and the signing of affidavit that the complaint was well-grounded in fact
• intentional infliction of emotional distress claim stemming from employer’s disposal of contents of his locker preempted because resolution of claim would be substantially dependent on analysis of CBA
• section 301 preempted employee’s intentional and negligent infliction of emotional distress claims
• The estate includes “causes of action that belong to the debtor, as well as the debtor’s intellectual property, such as interests in patents, trademarks and copyrights.”
• § 362(a)(3) does not apply “[wjhenever a party against whom the bankrupt holds a cause of action (or other intangible property right) acted in accord with his view of the dispute rather than that of the debtor-in-possession or bankruptcy trustee”