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Bankruptcy

In re Keerthi Ranasinghe; Keerthi Ranasinghe v. U.S. Bank National Association as Trustee for Morgan Stanley Mortgage Loan Trust 2007-11AR, PHH Mortgage as Servicer for U.S. Bank National Association

The bankruptcy court granted summary judgment dismissing Ranasinghe’s amended adversary complaint with prejudice, holding the claims barred by Rooker-Feldman and, alternatively, preclusion.

  • Summary judgment
  • Rooker-feldman doctrine
  • Res judicata
  • Collateral estoppel
  • Permissive abstention
  • Chapter 7 trustee duties
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Bankruptcy

U.S. Bank National Association, as Trustee for GSAA Home Equity Trust 2007-1, Asset-Backed Certificate, Series 2007-1 v. Sasaki

The bankruptcy court denied Sasaki’s summary-judgment motion in a mortgage-foreclosure adversary proceeding, finding factual disputes, untimeliness issues, and no two-dismissal bar.

  • Summary judgment
  • Loan origination misrepresentation
  • Hawaii chapter 480 unfair and deceptive acts or practices
  • Abuse of process
  • Intentional infliction of emotional distress
  • Two dismissal rule
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Federal civil procedure

Koster v. Cromwell Capital LLC et al.

The court dismissed Koster’s federal RICO claims for lack of standing, declined supplemental jurisdiction over the state claims, and granted leave to amend.

  • Article iii standing
  • Subject matter jurisdiction
  • Supplemental jurisdiction
  • Merchant cash advance agreements
  • Usury
  • Texas deceptive trade practices-consumer protection act
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Bankruptcy law

In re Samuel Quinones Zambrana

The bankruptcy court held that Esther Rivera Ortiz’s late proof of claim was timely under Rule 3002(c)(7) because the notice of the bar date was insufficient.

  • Chapter 13 claims bar date
  • Proof of claim timeliness
  • Insufficient notice
  • Imputation of notice to counsel
  • Chapter-13
  • Proof-of-claim
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Bankruptcy law

In re Daniel Jack, Jr.; Daniel Jack, Jr. v. Select Portfolio Servicing, Inc.; Towd Point Mortgage Trust 2020-02, U.S. Bank National Association, as Indenture Trustee; and McCalla, Raymer, Leibert, Pierce, LLP

The bankruptcy court held that postpetition possession efforts violated the automatic stay, awarding Daniel Jack, Jr. $10,000 in emotional distress damages.

  • Automatic stay
  • Stay violation sanctions
  • Actual damages
  • Emotional distress damages
  • Punitive damages
  • Foreclosure
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Bankruptcy law

Lags Equipment, LLC v. Hooters of America, LLC

The district court affirmed the bankruptcy court’s order approving the disclosure statement and confirming Hooters’ chapter 11 plan, finding no reversible legal or factual error.

  • Chapter 11 plan confirmation
  • Disclosure statement approval
  • Appellate review of bankruptcy court
  • Contractual claim versus property right
  • Royalty dispute
  • Bankruptcy-appeal
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Aviation law

Melissa Suzette Arzu v. American Airlines, Inc.

The court excluded part of Dr. Warmink’s causation testimony and granted summary judgment to American Airlines, dismissing the case with prejudice.

  • Montreal convention article 17 causation
  • Expert testimony admissibility under rule 702
  • Summary judgment
  • Loss of consortium
  • Survival claim
  • Aed malfunction
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Bankruptcy

Official Committee of Asbestos Personal Injury Claimants and Sander L. Esserman, in his capacity as Legal Representative for Future Asbestos Claimants v. DBMP LLC and CertainTeed LLC et al.

The bankruptcy court denied without prejudice a motion to compel discovery from CSG, partly granted CSG’s protective-order request, and required Hague Convention procedures.

  • Discovery
  • Personal jurisdiction
  • Protective order
  • Hague evidence convention
  • French blocking statute
  • Comity
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Civil procedure

o9 Solutions, Inc. v. SAP SE et al.

The court overruled Defendants’ objections and denied dismissal, holding they had not shown the Netherlands was clearly more convenient than Texas or the United States.

  • Rule 12(b)(6)
  • Rule 12(e)
  • Forum non conveniens
  • Reply brief
  • Extraterritoriality
  • Dtsa
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Criminal law

United States of America v. Uriel Garcia-Mora

The district court accepted the magistrate judge’s report and recommendation, accepted Uriel Garcia-Mora’s guilty plea, and adjudged him guilty.

  • Guilty plea
  • Magistrate judge report and recommendation
  • Adjudication of guilt
  • Guilty-plea
  • Magistrate-judge-report-and-recommendation
  • Criminal-procedure
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United States decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.