DPWN Holdings (USA), Inc. v. United Airlines, Inc., No. 12-4867 (2d Cir. 2014)Annotate this Case
United appealed the district court's order denying United's motion to dismiss an antitrust complaint brought against it by DHL. At issue was whether DHL had sufficient notice of the availability of the claim against a Chapter 11 debtor to satisfy due process requirements and render the claim discharged. The court concluded that the district court applied an incorrect standard in accepting as true DHL's allegation that it was not aware of, or with due diligence could not have become aware of, sufficient facts to plead an antitrust claim that would survive a motion to dismiss in the context of a bankruptcy proceeding. Therefore, the court remanded for further development of the facts concerning (a) what DHL knew or reasonably should have known in time to present an antitrust claim in the bankruptcy proceeding, or to file a late proof of claim or move to amend the reorganization plan and (b) what United knew or reasonably should have known concerning DHL's claim.