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ROSELLE v BERGER & MONTAGUE, P.C.

Summarizing by Bradley Pearce

AMERICAN AIRLINES, INC. v. MAWHINNEY

Citation:
16-56643 (9th Circuit, Sep 26,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
9th Cir. affirmed in part and reversed in part ruling of district court (SD Cal.). 9th Circuit agreed employer did not waive right to arbitrate by waiting to seek to compel arbitration. Private...
Judge(s):
Berzon, Smith, Castel
Tag(s):

RUBIN v. UNITED STATES OF AMERICA

Citation:
No. 16-56633 (9th Circuit, Sep 24,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
9th Circuit affirmed in part, reversed in part, and remanded district court (CD Cal.) judgment in favor of the US (IRS) in suit for tax refund by taxpayer based on return filed by bankruptcy...
Judge(s):
Clifton, Callahan, Hoyt
Tag(s):

U.S. v. Valdes-Ayala

Citation:
16-1002 (1st Circuit, Aug 15,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
First Circuit affirmed convictions of defendant who exploited debtors by filing incomplete bankruptcy petitions and promising assistance in their child support payments. First Circuit also vacated...
Judge(s):
Howard, Thompson, and Barron
Tag(s):

Khoja v. Orexigen Therapeutics, Inc.

Citation:
No. 16-56069 (9th Circuit, Aug 13,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Ninth Circuit affirmed in part and reversed in part order of district court granting motion to dismiss for failure to state a claim under the Securities Exchange Act of 1934. District court erred...
Judge(s):
Tashima, Berzon, and Payne
Tag(s):

Adams v. Newport Crest Homeowners Assoc., Inc.

Citation:
BAP No. CC-17-1224-KuFS (9th Circuit, Aug 07,2018) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 9th Cir. affirmed in part and reversed in part ruling of bankruptcy court (CD Cal.) granting summary judgment to creditor on 11 USC 523 claim and claim of setoff and recoupment. Under...
Judge(s):
Kurtz, Faris, Spraker
Tag(s):

Peaje Investments LLC v. The Financial Oversight and Mgmt Board for Puerto Rico

Citation:
17-2165, 17-2166, 17-2167 (1st Circuit, Aug 08,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
A declaration by a governmental instrumentality (i.e., not the legislature) of the existence of a lien is insufficient to create a statutory lien unless the instrumentality's declaration is...
Judge(s):
Howard, Kayatte, and Torreson (D. Maine, sitting by designation)
Tag(s):

Isaacs v. DBI-ASG Coinvestor Fund, III, LLC

Citation:
Case No. 17-5815; File No. 18a0145p.06 (6th Circuit, Jul 18,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Sixth Circuit ruled that the Rooker-Feldman doctrine applies on a claim-by-claim basis and, if the source of the injury is the state court decision, then the court is barred from asserting...
Judge(s):
Batchelder, Gilman and Rogers, Circuit Court Judges
Tag(s):

IN RE WESTWOOD PLAZA NORTH

Citation:
No. 17-55655 (9th Circuit, May 01,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
Once the Court finds that an appeal is frivolous, the prevailing party must file a motion for sanctions under Fed. R. App. P. 38 and 28 U.S.C. § 1927 within the time limits for filing a request...
Judge(s):
Kim McLane Wardlaw, Ronald M. Gould, and Paul J. Watford
Tag(s):

In re Hamilton

Citation:
BAP No. SC-17-1126-FBL & SC-17-1223-FBL (9th Circuit, Apr 17,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
BAP for 9th Circuit affirmed summary judgment on 523(a)(6) claim entered by bankruptcy court (S.D. Cal.). Bankruptcy court properly applied standard for willful injury; Ninth Circuit case did not...
Judge(s):
Faris, Brand, Lafferty
Tag(s):

Phillips v. Gilman

Citation:
16-55436 (9th Circuit, Apr 13,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The court had jurisdiction over the district court’s order affirming the grant of a homestead exemption. The bankruptcy court erred because it did not determine whether the debtor intended to...
Judge(s):
Michael Daly Hawkins, Barrington D. Parker, Jr., and Sandra S. Ikuta
Tag(s):

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