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· 3/12/2015

Kevin P. Gerard v. Michael J. Gerard

Citations

  • 780 F.3d 806
  • 73 Collier Bankr. Cas. 2d 540
  • 2015 U.S. App. LEXIS 3929
  • 60 Bankr. Ct. Dec. (CRR) 197
  • 2015 WL 1061894

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 slander- of-title verdict did not preclude litigation over whether the underlying injury was “willful” under § 523(a)(6) because the jury instructions for the verdict required only negli- gence
  • holding that a slander- of-title verdict did not preclude litigation over whether the underlying injury was “willful” under § 523(a)(6) because the jury instructions for the verdict required only negli- gence
  • holding that a state-court jury verdict finding a debtor liable for slander of title without specifically finding that his conduct was intentional, not merely negligent, was not preclusive as to whether his conduct was “willful and malicious” for purposes of §523(a)(6
  • assessing an estoppel argument by looking at the jury instructions and the verdict in the earlier case
  • \ Horsfall teaches that one must act with the specific intent to cause a certain result in order to prove willfulness.\
  • “one must act with the specific intent to cause a certain result in order to prove willfulness.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Manion, Rovner, Hamilton

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.