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Case Citations [i] (Fall 2025)

handle is hein.ali/resndjmts0051 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Fall 2025 Citations JUDGMENTS 2D Generally C.A.4, 2025. Cit. generally in case quot. in sup. Prisoner who was incarcerated for murder for 31 years before being released on a writ of actual innocence sued investigating police officers, alleging that they coerced the prosecution's sole witness, who was a minor, to provide false testimony, which the witness later recanted as an adult. The district court granted summary judgment for defendants, finding that plaintiff was collaterally estopped from relying on the witness's recantation because a state court had found the same recantation incredible in denying plaintiff's post-conviction petition for relief This court reversed in part, holding that collateral estoppel did not apply under Restatement Second of Judgments § 29, because the grant of plaintiff s petition for a writ of actual innocence was inconsistent with the denial of plaintiff s post-conviction petition to the extent it was based on the credibility of the prosecutor's sole witness. The court noted that the Supreme Court of Maryland gave considerable and persuasive weight to the Restatement Second of Judgments. Washington v. Pellegrini, 125 F.4th 118, 127. C.A.9, 2024. Cit. generally in case cit. in ftn. to conc. op. After debtor's predecessor defaulted on a mortgage note secured by real property in California, debtor filed and voluntarily dismissed multiple actions against loan servicer, trustee, and note holder, challenging their efforts to foreclose the property in state and federal court; following completion of the foreclosure sale, debtor filed an adversary proceeding against the same parties, raising the same allegations. The bankruptcy court granted loan servicer, trustee, and note holder's motion to dismiss and denied debtor's motion for leave to amend to assert a fraud-based wrongful-foreclosure claim. This court affirmed, holding that the two-dismissal rule barred debtor from asserting the same claim for a third time against servicer, trustee, and note holder. The concurring opinion argued that California's primary rights' test should be used in determining whether the same claim was at issue in the dismissed federal action and either or both of the dismissed state actions, rather than a transactional approach under the Restatement Second of Judgments. Rose Court, LLC v. Select Portfolio Servicing, Inc., 119 F.4th 679, 691. S.D.2024. Scope quot. in sup. Wife who was an enrolled member of an Indian tribe filed divorce proceedings against non-member husband in tribal court; husband filed divorce proceedings in state court and moved to dismiss the tribal court proceedings for lack of jurisdiction and improper service. COPYRIGHT C2025 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.