Cases

ORDER DENYING MOTIONS TO DISMISS Robert A. Mark, Judge, United States Bankruptcy Court Trustees typically use 11 U.S.C. § 544(b) to “step into the shoes” of unsecured creditors in order to apply state statutes of limitations in avoidance actions. While this has been the general use, the language in § 544(b) is broad, and some trustees have brought avoidance actions that would have been time-barred under s

MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER is before the Court on Defendant Cunningham’s Motion to Dismiss (“Motion to Dismiss”), filed by Michelle Cunningham, by and through her attorney of record, Law Offices of Brian A. Thomas, P.C. (Brian A. Thomas). See Docket No. 9. Plaintiff, Judith A. Wagner, Chapter 11 Trustee of the bankruptcy es

MEMORANDUM OPINION ROBERT H. JACOBVITZ, Bankruptcy Judge. THIS MATTER is before the Court on the Defendants’ Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) and (6) (“Motion to Dismiss”). Plaintiff filed a response and a supplemental response in opposition to the Motion to Dismiss. See Docket Nos. 10 and 19. This adversary proceeding is one of many adversary proceedings initiated by

429 F.Supp.2d 367 (2006) GROUP, INC., Plaintiff, v. CITIBANK DELAWARE, INC. and Kent Zeigler, Defendants. Civil Action No. 00-12565-WGY. United States District Court, D. Massachusetts. April 21, 2006. Terri L. Pastori Peabody & Arnold LLP, Boston, MA, for Plaintiffs. Joseph H. Reinhardt, J.D., Atty. at Law, Boston, MA, Allen N. David Peabody &

201 S.W.3d 332 (2006) Joel SEIDNER, Appellant v. CITIBANK (SOUTH DAKOTA) N.A., Appellee. No. 14-05-01096-CV. Court of Appeals of Texas, Houston (14th Dist.). August 24, 2006. *333 Joel Philip Seidner, Houston, pro se. Allen Lee Adkins and Mark Alan Palm, Lubbock, for appellees. Panel consists of Chief Justice HEDGES

NO. 07-06-0162-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D APRIL 25, 2008 ______________________________ SHARI A. WYNNE, APPELLANT

Opinion MOSK, Acting C. J. We granted review in this cause—which is one of numerous similar matters brought in federal and state courts throughout the *142nation—in order to consider the meaning and effect of section 30 of the National Bank Act of 1864. In pertinent part and without substantive change, the provision has been incorporated in section 519

Opinion issued March 20, 2008 In The Court of Appeals

NO. 07-06-0162-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D APRIL 25, 2008 ______________________________ SHARI A. WYNNE, APPELLANT

NO. 07-06-0162-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D APRIL 25, 2008 ______________________________ SHARI A. WYNNE, APPELLANT V. CITIBANK

OPINION OF THE COURT Sullivan, J. P. In this personal injury action based on a failure to provide adequate security to a customer at one of its automatic teller machine (ATM) facilities, Citibank, N. A. appeals from the denial of its motion for summary judgment dismissing the complaint. Plaintiff alleges that on April 14, 1993, at approximately 8:00 p.m., he was criminally assaulted by an unkn

38 F.3d 1218NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Edward M. KARKAR, Plaintiff-Appellee,v.CITICORP; Citibank N.A.; and Citicorp Trust N.A.,Defendants-Appellants. Nos. 92-15353, 92-16047.<

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Vaughan, J.), dated February 23, 2011, which granted the motion of the defendant $2.00 Only Stores, Inc., for summary judgment dismissing the complaint insofar as asserted against it. Ordered that the order is affirmed, with costs. As a general rule, liability for a dangerous condition on real

In an action, inter alia, to recover damages for legal malpractice, the plaintiffs appeal from an order of the Supreme Court, Kings County (Vaughan, J.), entered July 18, 2013, which granted the defendant’s motion pursuant to CPLR 3211 (a) to dismiss the complaint. Ordered that the order is modified, on the law, by deleting the provision thereof granting those branches of the defendant’s m

In an action, inter alia, to quiet title to real property, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Vaughan, J.), dated December 18, 2013, as granted the motion of the defendant BSD-M Realty, LLC, for summary judgment on its first and second counterclaims and, sua sponte, directed the dismissal of the complaint insofar as asserted against that de

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-23-01096-CV Patricia Y. MAYERS, Appellant v. UNITED INDEPENDENT SCHOOL DISTRICT, Appe

466 B.R. 786 (2012) In re Jamie Dale CASPER, Debtor. Winston-Salem City Employees' Federal Credit Union Plaintiff, v. Jamie Dale Casper, Defendant. Bankruptcy No. 10-51047. Adversary No. 10-06048. United States Bankruptcy Court, M.D. North Carolina, Winston-Salem Division. March 13, 2012. *789 James Edward Vaughan, Blanco Tac

Gary Feinerman, United States District Judge Redbox Automated Retail, LLC brought this suit against Xpress Retail LLC ("DVDXpress"), alleging trademark infringement and false advertising in violation of the Lanham Act, 15 U.S.C. § 1051 et seq. , and Illinois law. Doc. 1. DVDXpress answered, asserted affirm

In The Court of Appeals Seventh District of Texas at Amarillo ________________________ No. 07-13-00244-CV ________________________ PATTY A. AKINS, APPELLANT V. FIA CARD SERVICES, N.A., APPELLEE

United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued April 6, 2026 Decided July 28, 2026 No. 25-1106 THE ESTATE OF STEPHEN M. JENNIONS, PETITIONER v. COMMODITY FUTURES TRADING COMMISSION, RESPONDENT On Petition for Review of Orders of the Commodity Futures Trading Commission Stephen S. Haseg