D.C. Circuit | ABI Volo - Circuit Court opinion summaries

D.C. Circuit: U.S.A. v. Federal Insurance Company

RSTENZHORN@4000LAW.COM — Fri, 05 Aug 2016 21:03:35 +0000

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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 consolidated for appeal were dismissed for failure to state a ...

Judge(s):

Circuit Judges Sri Srinivasan, Patricia A. Millett and Robert L. Wilkins. Judge Srinivasan authored the Opinion for the Court.

D.C. Circuit: Marshall v. Honeywell Technology Systems Inc, et al.

RSTENZHORN@4000LAW.COM — Tue, 12 Jul 2016 21:27:17 +0000

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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 to disclose the lawsuit and related administrative proceedings on the schedules ...

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.

D.C. Circuit: Smith and Stevenson v. First American Title Ins. Co. (In re Stevenson)

RSTENZHORN@4000LAW.COM — Wed, 17 Jun 2015 20:01:17 +0000

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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. law.

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.

D.C. Circuit: Araya v. JPMorgan Chase Bank, N.A., et al.

BWEINER@NYBANKRUPTCY.NET — Fri, 02 Jan 2015 21:54:01 +0000

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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.

Judge(s):

Brown, Millett, and Wilkins.

D.C. Circuit: Securities & Exchange Commission v. Securities Investor Protection Corp.

BWEINER@NYBANKRUPTCY.NET — Fri, 18 Jul 2014 20:24:24 +0000

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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 purchased CDs from Stanford International Bank, Ltd. (SIPL), because those ...

Judge(s):

Garland, Srinivisan, Sentelle

D.C. Circuit: Hope 7 Monroe Street LP v. Riaso, LLC (In the Matter of Hope 7 Monroe Street LP)

lawoffbrobinson@aim.com — Fri, 28 Feb 2014 22:25:09 +0000

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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 bankruptcy court to deny, appellants, Hope 7's motion ...

Judge(s):

Ginsburg, Henderson and Brown

D.C. Circuit: Youkelsone v. FDIC

tbisconti@gmail.com — Tue, 08 Nov 2011 19:53:16 +0000

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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 jurisdictional bar, and failure to object on timeliness grounds ...

Judge(s):

Tatel, Brown, and Willams

D.C. Circuit: American National Insurance Co. v. FDIC

kevinmichaelbaum@gmail.com — Wed, 29 Jun 2011 14:59:52 +0000

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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 Act of 1989 (“FIRREA”) did not bar the D.C. District Court from ...

Judge(s):

Sentelle, Tatel, Randolph

D.C. Circuit: McKinley v. Board of Governors of the Federal Reserve System

kevinmichaelbaum@gmail.com — Fri, 03 Jun 2011 17:15:10 +0000

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Citation:

No. 10-5353 (D.C. Cir. June 3, 2011)

Ruling:

Affirming the District Court, the D.C. Circuit held that under Exception 5 of the Freedom of Information Act (the “FOIA”), the Board of Governors of the Federal Reserve System (the “Fed. Board”) could withhold certain documents containing information that the ...

Judge(s):

Henderson, Garland and Griffith

D.C. Circuit: Consolidated Rail Corp. v. Ray

btm139 — Fri, 04 Feb 2011 20:41:25 +0000

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Citation:

DC Circuit Case No. 10-7029

Ruling:

The Rail Act does not preclude Conrail's (purchaser of former bankrupt company's assets) liability for an employee's exposure to asbestos where the exposure occurred prior to Conrail taking over operations because: (1) the Rail Act only stated Conrail was to ...