John N. Fortier and Linda M. Fortier v. Dona Anna Plaza Partners, James A. Peterson, Peterson Properties, Inc.

How courts have described this case

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

• concluding that district court didn’t err in failing to reduce plaintiffs breach of contract damages in light of its contributory negligence “because contributory negligence has no place in contract and fraud actions”
• finding that appellant waived the foundation and hearsay challenges to an exhibit because he objected for cumulativeness at trial
• admission of evidence that is cumulative of other admitted evidence does not affect a substantial right
• “There is nothing in the statute [11 U.S.C. §362] which purports to extend the stay to causes of action against solvent co-defendants of the debtor.”
• “The objections by the co-defendants were clearly not made on behalf of [Defendant], and [Defendant] cannot now use the objections of his co-defendants to cure his own failure to object.”
• “The language of [11 U.S.C. § 362] extends stay proceedings only to actions ‘against the debtor.’ There is nothing in the statute which purports to extend the stay to causes of action against solvent co-defendants of the debtor.” [citing cases from other circuits]

Source: CourtListener parenthetical corpus (CC0).