Plaintiffs-appellants Geneal Warf and Glenn Gupton (“the Warf appellants”), individually and on behalf of a class of 542 absentee voters, appeal the district court’s order denying their motion for a preliminary injunction and granting summary judgment to defendants-appellees the Board of Elect...
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This appeal arises from the district court’s entry of a contempt order against Frank MacDonald (MacDonald) enforcing a settlement agreement with SmallBizPros, Inc. d/b/a Padgett Business Services (Padgett). MacDonald argues that the district court’s jurisdiction ceased on August 7, 2009, upon th...
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Plaintiffs appeal from a December 15, 2009 order of the United States District Court for the Southern District of New York (Denny Chin, Judge) vacating the process of maritime attachment and garnishment dated April 21, 2008 pursuant to Rule B of the Supplemental Rules for Admiralty or Maritime Claim...
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Defendants Julian Kornfeld and Patsy D. Permenter appeal the district court’s order awarding attorneys’ fees to plaintiffs Meredith Kornfeld and Nancy Kornfeld based on defendants’ litigation conduct. Exercising jurisdiction under 28 U.S.C. § 1291, we reverse and remand for further proceeding...
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Appellants are a group of related companies and their principals, engaged in the business of marketing and selling internet kiosk investment opportunities. On summary judgment, the district court found Appellants civilly liable for making material misrepresentations and engaging in de...
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The Government seeks to foreclose the federal income tax debt owed by Charles Barr against the home that he and his wife Carolyn own as tenants by the entirety. Mrs. Barr argues on appeal, as she did before the district court, that she is entitled to the vast majority of the sale proceeds of any for...
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The State of Tennessee (“State”) appeals the district court’s denial of its motion under Federal Rule of Civil Procedure Rule 60(b)(5). The sole issue on appeal is whether the district court abused its discretion when it refused to vacate all outstanding court orders and consent decrees granti...
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Mohamed El-Tabech, a Muslim inmate serving consecutive life sentences in Nebraska’s Tecumseh State Correctional Institution (TSCI), commenced this 42 U.S.C. § 1983 action alleging that prison officials were violating his religious rights under the First Amendment and the Religious Land Use and In...
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Mayer Hoffman McCann, P.C. (“MHM”), a professional corporation organized in Missouri, is a national certified public accounting (CPA) firm. MHM sued its former employees and shareholders—Thomas L. Barton, Anthony W. Krier, James N. Stelzer, and John C. Walter (collectively, “appellants”), ...
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Rochelle and Viktors Ginters brought an action for declaratory judgment asking the district court to declare unlawful the United States Citizenship and Immigration Service's (USCIS) denial of an I-130 Petition for Alien Relative and asking the district court to provide appropriate injunctive relief....
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