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Fillinger v. Lerner Sampson & Rothfuss, et al.

Citation: 
No. 14-4097 (6th Cir. August 17, 2015)
Ruling: 
The Sixth Circuit affirmed dismissal of claims brought under the Fair Debt Collection Practices Act ("FDCPA") because the claims were facially barred by the FDCPA's one-year statute of limitations and the plaintiff did not adequately plead fraudulent concealment for purposes ...
Judge(s): 
Batchelder, Stranch, and Hood
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U.S.A. v. Williams

Citation: 
13-2359 (7th Cir. August 10, 2015)
Ruling: 
Affirmed. Judgment foreclosing a Federal Tax Lien and specifying how proceeds should be applied is "final and appealable" because it ends litigation and leaves nothing but execution of the judgment to be accomplished.
Judge(s): 
Cuday, Easterbrook, Rovner
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U.S.A. v. Gsdmidea City, L.L.C.

Citation: 
Fifth Circuit; No.14-10999
Ruling: 
Chapter 13 debtor who filed False Claims Act litigation while in the third year of a confirmed five year Chapter 13 plan, was judicially estopped from pursuing those claims because he failed to disclose them to the bankruptcy court. While ...
Judge(s): 
Stewart, King and Elrod
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Chavez v. Dole Food Co.

Citation: 
Chavez v. Dole Food Co., Case No. 13-4144 (3d Cir. Aug. 11, 2015)
Ruling: 
The United States Court of Appeals for the Third Circuit ruled that: (a) concurrent jurisdiction exists for purposes of the first-filed rule if “on the date of the filing of the second-filed complaint, the matters are duplicative;” (b) the ...
Judge(s): 
Judge Julio M. Fuentes (dissenting), Judge Joseph A. Greenaway, Jr., and Judge Richard Lowell Nygaard
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Petfinders, L.L.C. v. Chapter 11 Trustee Sherman (In The Matter of Ondova Ltd. Co.)

Citation: 
Fifth Circuit Court of Appeals; No. 13-10120
Ruling: 
The plain language of section 363(m) prevents an appellate court from granting effective relief in cases challenging bankruptcy court orders authorizing the sale of property of the estate to a good-faith purchaser, “whether or not such entity knew of the ...
Judge(s): 
Before JOLLY, HIGGINBOTHAM, and DAVIS, Circuit Judges.
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