Cases

OPINION, DECISION AND ORDER DENYING DISCHARGE, AFTER TRIAL Michael J. Kaplan, U.S.B.J. These are three Adversary Proceedings that came to trial on a consolidated basis on consent of all parties. Trial was held in October of 2015, and post-trial submissions ended on December 11, 2015. The Adversary Proceedings seek both denial of discharge under 11 U.S.C. § 727, and denial of discharge under 11 U.S.C. § 523(

ROGERS, J., delivered the opinion of the court, in which DAUGHTREY, J., joined. ZOUHARY, D.J. (pp. 305-06), delivered a separate concurring opinion. OPINION ROGERS, Circuit Judge. The balance between an attorney’s right to free political speech and a state’s right to regulate attorney conduct is delicate. States often successfully navigate the tension between these competing interests, per

SANDSTROM, Justice. [¶ 1] John Schmitt, M.D., appeals from a summary judgment dismissing his claims against MeritCare Health System for defamation, tortious interference with a prospective business advantage, and violation of state antitrust law. We conclude Dr. Schmitt’s conclusory allegations about MeritCare’s conduct and responses to a credentialing questionnaire by a Dickinson

83 Cal.Rptr.2d 257 (1999) 70 Cal.App.4th 1234 William SCHMITT et al., Plaintiffs and Respondents, v. TRI COUNTIES BANK, Defendant and Appellant. No. C028478. Court of Appeal, Third District. March 26, 1999. *258 John P. Dunlap, Bruce L. Belton, Redding, David R. Mazzi, Irvine, Bothel & Long, and Peter

ENTRY ON PLAINTIFF’S MOTION FOR RELIEF FROM JUDGMENT HAMILTON, District Judge. The issue is whether this court should now vacate a judgment in a diversity case after the Supreme Court of Indiana decided the controlling issue of state law contrary to the decisions of this court and the Seventh Circuit. The timing of the state court’s decision enabled the losing party in this federal case to seek relief from

EDMUND A. SARGUS, JR., CHIEF UNITED STATES DISTRICT JUDGE This matter is before the Court for consideration of Plaintiffs William T. Schmitt and Chad Thompson's ("Plaintiffs") Motion for Temporary Restraining Order and/or Injunctive Relief (ECF No. 3), which the Court previously granted (ECF No. 22), extended (ECF No. 26), and converted into a preliminary injunction, which expired on November 7, 2018 (ECF No.

RUSSELL, Bankruptcy Judge, dissenting. I respectfully dissent. This is a very troubling case, carefully orchestrated by both the debtor and the Stelzer Trust to conceal material facts and to force a compromise based upon the false premise that only a relatively small amount of money was at issue, i.e., $4,524. I would REVERSE and hold that the bankruptcy court abused its

649 N.E.2d 1063 (1995) David CUNDIFF, et al., Appellants-Intervening Respondents, v. SCHMITT DEVELOPMENT COMPANY AND SCHMITT COMPANY, Inc., Appellees-Petitioners. No. 10A01-9409-CV-311. Court of Appeals of Indiana, First District. April 28, 1995. *1064 John R. Vissing, Joni L. Grayson, Jeffersonville, for appellants. C. Gr

154 B.R. 47 (1993) In the Matter of PETER J. SCHMITT CO., INC., et al., Debtors. BEATRICE CHEESE, INC., et al., Plaintiffs, v. PETER J. SCHMITT CO., INC., et al., Defendants. Bankruptcy Nos. 92-694 to 92-699, Adv. Nos. A-93-8 to A-93-10, A-93-15 to A-93-21 and A-93-62. United States Bankruptcy Court, D. Delaware. April 16, 1993. John Wm. Butler, Jr., N. Lynn Hie

66 B.R. 666 (1986) In re R.A. BECK BUILDERS, INC., a Pennsylvania corporation, Debtor. Joseph E. SCHMITT, Trustee, Plaintiff, v. JOHN H. AULD & BROTHERS CO., INC., Lisk Plumbing & Heating Co., Inc., R.A. Beck Builders, Inc., Richard A. Beck and Rosemary A. Beck, individually and White Heating Co., Inc., Defendants and Third Party Plaintiffs, v. REGISTER AND RECORDER OF BUTLER COUNTY, Butler County Commissioners, and Register o

56 B.R. 708 (1986) In re Lenard John SCHMITT and Mary Ann Schmitt, d/b/a Schmitt Partnership, and E & L Backhoe Service, Debtors. and Edward John Schmitt and Sandra Lee Schmitt, d/b/a Schmitt Partnership, E & L Backhoe Service, and Flair Accents, Debtors. Bankruptcy Nos. 85-01230S, 85-01231S. United States Bankruptcy Court, N.D. Iowa. January 21, 1986. Lon R

Gordon McCloud, J. ¶1 This case is a class action lawsuit by farmworkers against four corporate defendants. It requires us to answer two questions, certified to this court by the United States Court of Appeals for the Ninth Circuit, about Washington’s farm labor contractor act (FLCA), chapter 19.30 RCW. The first question implicates RCW 19.30-.010(2). That statute defines a “farm labor contractor” as “any

154 B.R. 632 (1993) In the Matter of PETER J. SCHMITT CO., INC., et al., Debtors. BEATRICE CHEESE, INC., et al., Plaintiffs, v. PETER J. SCHMITT, CO., INC., et al., Defendants. Bankruptcy Nos. 92-694 to 92-699, Adv. No. 93-8. United States Bankruptcy Court, D. Delaware. June 10, 1993. Laurie Selber Silverstein, Joanne Ceballos, Potter Anderson & Corroon, Wil

HELENE N. WHITE, Circuit Judge. Plaintiffs William T. Schmitt and Chad Thompson submitted proposed ballot initiatives to the Portage County Board of Elections that would effectively decriminalize marijuana possession in the Ohio villages of Garrettsville and Windham. The Board declined to certify the proposed initiatives after concluding that the initiatives fell outside the scope of th

150 B.R. 556 (1993) In the Matter of PETER J. SCHMITT CO., INC., et al., Debtors. PETER J. SCHMITT CO., INC., Plaintiff, v. FIRESTONE STAR MARKET INC., et al., J.T. Bud-Nick, Inc., Vale Edge Sparkle, Inc., Seiler & Sons, Inc., May's Stow Supermarket, Inc., Foutty's Foods, Inc., Richard L. Foutty, Inc., Tall-Mac, Inc., Vesta Corporation, Westside Sparkle Market, Inc., Ralph's Sparkle Market, Inc., Patton's S.M., Inc., Niles Sparkle Market,

*175 ORDER PER CURIAM. This is a consolidated appeal from two judgments of the Circuit Court of Buchanan County, Juvenile Division, terminating the rights of R.L.H. (“Mother”) to parent her two minor children, C.L.H. and C.J.H. We hold that the circuit court properly found grounds for termination of Mother’s parental rights to both children p

*630 PER CURIAM. ¶ 1. We review a stipulation filed pursuant to SCR 22.12 1 by the Office of Lawyer Regulation (OLR) and Attorney John R. Maynard. In the stipulation, Attorney Maynard agrees that by failing to give timely written notice of the suspe

In the Missouri Court of Appeals Western District ) STATE OF MISSOURI, ex rel. ) ERIC S. SCHMITT, ) WD83688 ) Relator, ) OPINION FILED: ) April 28, 2020 v. )

MEMORANDUM OF DECISION REED, District Judge. This is an interpleader action brought by Aetna Life Insurance Company to resolve conflicting claims to proceeds payable under a group life insurance contract issued by the plaintiff to The Boeing Company. The Court’s subject matter jurisdiction is based on 28 U.S.C. § 1335. Each defendant has moved for summary judgment, has represented to the Court that there

PAUL C. WILSON, Judge. On September 21, 2011, John Dilks filed a pro se petition (the “Original Petition”) to recover damages he suffered as a result of a flood on September 22, 2006. Those claims (since amended) are not involved in this appeal. Instead, this appeal concerns only the claims that Dilks also attempted to assert in the Original Petition on behal