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· 4/22/2003

D. Omar Valdez, Worldstar Communications Corp. v. James S. Feltman

Citations

  • 328 F.3d 1291
  • 55 Fed. R. Serv. 3d 984
  • 2003 U.S. App. LEXIS 7623
  • 41 Bankr. Ct. Dec. (CRR) 63

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a refusal to consider an issue would result in a miscarriage of justice where the issue was of “transcending public importance”
  • holding that a party waives their defense when they fail to assert it in their general appearance
  • holding that individual waived challenge based on Rule 60(b)(4), where he argued before the bankruptcy court only that judgment should be set aside under Rule 60(b)(1) and (b)(6)
  • holding that the party waived its insufficient service of process argument by failing to raise it in its motion to set aside a default judgment in the bankruptcy court
  • holding that movant seeking to set aside default judgment waived his lack-of-service-of-process argument when that argument was not asserted in his motion filed pursuant to Rule 60(b)(1) and (b)(6), Fed. R. Civ. P.
  • stating that “insufficient service of process . . . implicates personal jurisdiction and due process concerns”

Source: CourtListener parenthetical corpus (CC0).

Judges: Carnes, Marcus, Suhrheinrich

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.