A chapter 7 trustee's amended complaint sufficiently alleged the basis for her excusable neglect to file a proof of claim against the FDIC, as the receiver for Washington Mutual Bank. Therefore,...
Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
9 years 7 months ago
Citation:
D.C. Cir. # 15-7045 (decided August 5, 2016)
Ruling:
The district court erred in applying the pre-filing injunction to the Debtor's appeals from the bankruptcy court and the matter remanded to the district court for resolution. The two matters...
Judge(s):
Circuit Judges Sri Srinivasan, Patricia A. Millett and Robert L. Wilkins. Judge Srinivasan authored the Opinion for the Court.
Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
9 years 8 months ago
Citation:
Marshall v. Honeywell Technology Systems Inc. No. 14-7190 (July 12, 2016)
Ruling:
The district court did not abuse its discretion in holding that the Debtor's non-disclosure of the underlying discrimination complaint on the ground of judicial estoppel, stemming from her failure...
Judge(s):
Before Karen LeCraft Henderson and Thomas B. Griffith, Circuit Judges, and Senior Circuit Judge A. Raymond Randolph.
Senior Circuit Judge Randolph filed the opinion of the Court, with a reasoned dissent by Circuit Judge Griffith.
Summarized by Robert Stenzhorn , Virginia Legal Aid Society, Inc.
10 years 8 months ago
Citation:
No. 14-7048 : Stevenson v. First Am. Title Ins. Co. (D.C. Cir., 2015)
Ruling:
Affirming the Bankruptcy and District Courts that mortgagor, with actual knowledge of flaws in its execution of the controlling documents, is entitled to equitable subrogation as a matter of D. C....
Judge(s):
Senior Circuit Judge David B. Sentelle, Circuit Judges Thomas B. Griffith and Brett N. Kavanaugh. The Opinion for the Court filed by Judge Kavanaugh.
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
11 years 2 months ago
Citation:
13-7036
Ruling:
Federal District Court abused its discretion when it maintained jurisdiction over a removed case involving only state law and common law claims after the federal claims were dismissed.
Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
11 years 7 months ago
Citation:
12-5286
Ruling:
The district court correctly held that the Securities Investor Protection Corp. (SIPC) could not be compelled to proceed to liquidate the Stanford Group Company (SGC) on behalf of persons who...
Summarized by Bryan Robinson , Law Offices of Bryan Robinson
12 years 1 week ago
Citation:
Hope 7 Monroe Street LP, U.S. Court of Appeals D.C. Cir., No. 12-7054 [February 28, 2014]
Ruling:
The Court of Appeals for the District of Columbia, held that the district court did not err in affirming the bankruptcy courts rulings. The district court's decision affirmed the ruling by the...
Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
14 years 4 months ago
Citation:
Case No. 1:09-cv-01278 (D.C. Cir. Nov. 8, 2011)
Ruling:
The Court reversed and remanded the district court's sua sponte ruling that Plaintiff lacked standing under Rule 12(b)(1). The Court ruled that Rule 4(a)(5)(C) is a claim-processing rule, not a...
Summarized by Kevin Baum , Windels Marx Lane & Mittendorf, LLP
14 years 8 months ago
Citation:
No. 10-5245 (D.C. Cir. June 24, 2011)
Ruling:
Reversing the U.S. District Court for the District of Columbia (the “D.C. District Court”), the D.C. Circuit held that §1821(d) of the Financial Institutions Reform, Recover and Enforcement...
