· 2/26/2004
Kougasian v. Tmsl, Inc.
Citations
- 359 F.3d 1136
- 2004 U.S. App. LEXIS 3659
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Rooker- Feldman did not bar suit alleging extrinsic fraud by litigant in obtaining state court judgment
- explaining that “[e]xtrinsic 16 fraud is conduct which prevents a party from presenting his claim in court.”
- explaining that extrinsic fraud is “not an error by [a] court,” but instead is “a wrongful act committed by the party or parties who engaged in the fraud”
- finding that allegations of extrinsic fraud committed by adverse party on the state court was not a de facto appeal because it was not an error by the state court
- stating that the Rooker–Feldman doctrine also “prohibits a federal district court from exercising subject matter jurisdiction over a suit that is a de facto appeal from a state court judgment”
- finding that allegations of extrinsic fraud committed by adverse party on the state court was not a de facto appeal because it was not an error by the state court
Source: CourtListener parenthetical corpus (CC0).
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.