The Claims Of KaloBios/Humanigen Against Savant For Breach Of A Post-Bankruptcy Contract… May Be Headed Back To State Court.

As much as I wish this dispute would stay in the federal courts, where it would remain both easy and very inexpensive to monitor (as a mere curious and casual observer) — it is likely that it will wind back up in Delaware state court, since KaloBios now known as Humanigen brought it as a (state law) breach of post-bankruptcy contract claims, there.

Savant removed it to federal (bankruptcy) court, and now Humanigen wants the bankruptcy court to remand it — back to where the plaintiff chose its forum — in the local Delaware state courts.

The latest amended version of that motion and brief is here — a 24 page PDF file. [It was apparently filed while I was off-grid, in the sublime National Forests, eclipse chasing, at right (snagging 2:30 of totality — in clear skies, at that!)… kissed by the eclipse — right on my forehead! Grin. But I digress….]

I think the Humanigen filing is a winner. I think that because for all intents and purposes, the bankruptcy was concluded last summer — there is only about $700,000 left in claims to be adjudicated. None of them are Savant claims.

So I’d expect this will fall off of our federal courts docket radar screen, and soon. But we shall see.