Opinions

 

All court opinions may be accessed at no charge via PACER through the "Written Opinions" link on the Reports page. You must, however, have an account to access the report via CM/ECF or PACER.

Access to opinions from 1997 to present, that are PDF searchable, unrestricted & unsealed, are also available through the Government Printing Office using the Advanced Search for Government Publications. There is no login required and publications are available free of charge.


Court's Web Site Opinions Database

The court's web site provides free access of some opinions, at the discretion of the judges, for the years 1998 to present. The results shown below are automatically displayed for all years, all judges, and all keywords/topics.

A search may be performed using the Search box above, or filtering by year, judge, and/or keyword/topic. To search for more than one judge and/or keywords/topics simultaneously, hold down the Ctrl key (or Command key) and select each item.

Keywords/Topic Date Title Description Judge
Automatic Stay, Relief from Stay     12/12/2018     MBF Inspection Services, Inc.     

Parties sought relief from automatic stay so that they could return to federal district court and pursue a pending class action lawsuit.  The court weighed the relevant factors and determined that it would deny stay relief, subject to certain conditions.

Judge David T. Thuma
Adversary, Dischargeability, Nondischargeability, Res Judicata     12/07/2018     WLC Enterprises, Inc. v. Walter F. Rylant, III     

 Plaintiff filed an adversary proceeding seeking a determination of nondischargeability of  a state court judgment for breach of contract.  The Court determined that Debtor's state court judgment was nondischargeable under § 523(a)(6) and that the findings and conclusions of the state court judge did not preclude a finding of nondischargeability.  

Judge David T. Thuma
Employment of Professionals, Judicial Estoppel, Professionals     12/07/2018     Victor P. Kearney     

Debtor moved to employ the Dotson Law Firm, located in Nevada. The Dotson Law Firm had already filed a lawsuit in Nevada on behalf of the Debtor. The Court noted there was significant (estimated $1 million) administration costs, a small likelihood of any benefit to the estate, and that dismissal of the Nevada suit was highly probable. Thus, the Court denied the motion to employ.

Judge David T. Thuma
Adversary, Damages, Nondischargeability, Punitive Damages     11/27/2018     Emily Nelson v. Joshua Daven Bolles     

Plaintiff filed an adversary proceeding seeking damages for the Defendant transmitting Herpes to her. The Court determined that the Defendant committed fraud and civil battery by lying to the Plaintiff, telling her he was not a carrier of any sexually transmitted disease, in order to convince her to sleep with him. The Court entered a money judgment, holding the debts to be nondischargeable under §523(a)(6). 

Judge David T. Thuma
Property of the Estate, Remand, Standing, Turnover     10/24/2018     New Mexico Health Care Assn., Inc. v. Plaza De Retiro Inc. et al     

Plaintiff filed an interpleader action in state court, seeking determination of the proper recipients of a fund of money.  Defendant removed the action and filed a motion for turnover of the fund.  Another Defendant objected to turnover and sought remand, arguing that the case had been closed for three years, so the court lacked jurisdiction.  The court determined that it did have jurisdiction, granted the motion for turnover, and denied the motion to remand.

Judge David T. Thuma
Abstention, Remand     10/17/2018     Victor Kearney v. Louis Abruzzo et al     

Debtor removed pending state court action, and creditor filed a motion to abstain and remand. The court held that it was required to remand under mandatory abstention, and that it should abstain and/or remand under the permissive abstention standard.

Judge David T. Thuma
Jurisdiction, Standing, Summary Judgment     10/15/2018     Marvis Wynn et al v. Innovations Credit Union     

 Defendant filed for summary judgment on all claims. The court dismissed the claims filed by the non-debtor co-plaintiff for lack of subject matter jurisdiction, and granted summary judgment against the debtor plaintiff because he did not support his position with any evidence.

Judge David T. Thuma
Adversary Proceedings - Procedural Matters, Limitation of Actions     10/03/2018     Franco v. Franco et al     

Plaintiff filed a motion to amend her complaint to reassert a count for slander of title, 13 months after the court dismissed a similar count under Rule 12(b)(6). The court denied the motion, on the bases of undue delay, futility, and undue prejudice.

Judge David T. Thuma
Appeals     10/01/2018     Victor P. Kearney     

 Debtor  sought an emergency stay pending appeal. The court denied the request, finding that the debtor did not make the required showing of any of the four requirements for such a stay (i.e. likelihood of success, irreparable harm, no harm to the other party, and public good).

Judge David T. Thuma
Automatic Stay, Relief from Stay     09/18/2018     Victor P. Kearney     

Party sought relief from the automatic stay so it could return to state court and obtain a ruling on certain testamentary trust modification proposals. The court weighed the relevant factors and determined that the requested relief was appropriate, given the circumstances of the case.

Judge David T. Thuma

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