|
GLYNN LEY; PUBLIC EMPLOYEE’S RETIREMENT SYSTEM OF MISSISSIPPI, Plaintiffs-Appellants, v. VISTEON CORPORATION; PETER PESTILLO; MICHAEL JOHNSTON; DANIEL R. COULSON; JAMES PALMER; PRICEWATERHOUSECOOPER, L.L.P, Defendants-Appellees. |
|
Appeal from the United States District Court
for the Eastern District of Michigan at Detroit.
No. 05-70737—Robert H. Cleland, District Judge.
Argued: July 29, 2008
Decided and Filed: August 26, 2008
Before: ROGERS and McKEAGUE, Circuit Judges; ADAMS, District Judge.
McKEAGUE, Circuit Judge. Plaintiffs Glynn Ley and Public Employees’ Retirement System of Mississippi (collectively, “Plaintiffs”) appeal a district court’s grant of Defendants’ Visteon Corporation, Peter Pestillo, Michael Johnston, Daniel R. Coulson, James Palmer, and Pricewaterhousecooper, L.L.P., (“PwC”) (collectively, “Defendants”) motions to dismiss Plaintiffs’ class action securities violation claims. Upon review of the record and the applicable law, we AFFIRM the judgment of the district court.
|
RICKY DALE RAILEY, Petitioner-Appellant, v. PATTI WEBB, Warden, Respondent-Appellee. |
|
Appeal from the United States District Court
for the Western District of Kentucky at Louisville.
No. 05-00345—John G. Heyburn II, Chief District Judge.
Argued: December 6, 2007
Decided and Filed: August 26, 2008
Before: BATCHELDER and MOORE, Circuit Judges; BUNNING, District Judge.
ALICE M. BATCHELDER, Circuit Judge. Petitioner Ricky Dale Railey appeals the district court’s order denying his 28 U.S.C. § 2254 petition for writ of habeas corpus. Railey argues that judicial bias, ineffective assistance of trial counsel, and his invalid plea of guilty warrant reversal of the district court’s decision. We disagree and affirm the judgment of the district court.
|
In re: JAMES STEWART HAMILTON, d/b/a H & H Auto Sales, Debtor. ________________________________ JAMES STEWART HAMILTON, Plaintiff-Appellee, v. ALICIA HAMILTON HERR, THOMAS W. GOODMAN, JR. and LAWRENCE R. WEBSTER, Defendants-Appellants. |
|
Appeal from the United States District Court
for the Eastern District of Kentucky at Pikeville.
No. 06-00052—Gregory F. Van Tatenhove, District Judge.
Argued: July 23, 2008
Decided and Filed: August 26, 2008
Before: MOORE and GRIFFIN, Circuit Judges; SARGUS, District Judge.
KAREN NELSON MOORE, Circuit Judge. This case requires us to determine whether 11 U.S.C. § 524(a) makes a state-court judgment void ab initio when entered against a debtor whose dischargeable debts had been discharged, or whether the Rooker-Feldman doctrine compels federal courts to respect the state-court judgment. We conclude that § 524(a) prevails and state court judgments that modify a discharge order are void ab initio.
Defendant-Appellant Alicia Hamilton Herr (“Herr”) appeals a district-court order reversing the bankruptcy court’s dismissal of Plaintiff-Appellee James Stewart Hamilton’s (the “Debtor’s”) complaint seeking to enjoin Herr from enforcing a Kentucky judgment lien against the Debtor. Specifically, the Debtor argued that the bankruptcy court’s 1998 discharge order precluded the Pike Circuit Court of Kentucky from holding that the Debtor must indemnify Herr for payments made on a promissory note that Herr and the Debtor jointly obtained in 1990. The bankruptcy court concluded that the Rooker-Feldman doctrine barred the bankruptcy court from enjoining the Pike Circuit Court’s judgment, and the district court reversed. For the reasons discussed below, we VACATE the district court’s judgment and REMAND to the district court so that court may remand to the bankruptcy court for further proceedings consistent with this opinion.