· 10/1/2015
Caroline Chevalier v. Kimberly Barnhart
Citations
- 803 F.3d 789
- 2015 FED App. 0240P
- 2015 U.S. App. LEXIS 17232
- 2015 WL 5729456
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that Marshall abrogated Lepard v. NBD Bank, 384 F.3d 232, 234–37 (6th Cir. 2004)
- holding that courts “look to only federal law to determine whether the probate exception” applies
- holding that federal courts apply the probate exception based on the status of property at the time that a party filed his or her claims in federal court
- holding that a plaintiff “[m]ay not artfully cast a suit seeking to modify or interpret the terms of a divorce . . . as a state-law contract or tort claim in order to access the federal courts.”
- noting that modification or enforcement of a child-custody decree are remedies “typically attendant to the dissolution of a marriage” which would “entail continuing judicial supervision of a volatile family situation, and federal courts are poorly equipped to handle that task.”
- observing that unpublished decisions are \binding only on the parties\
Source: CourtListener parenthetical corpus (CC0).
Judges: Keith, Moore, Stranch
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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