Ninth Circuit· 2/26/2004

Kougasian v. TMSL, Inc.

Citations

359 F.3d 1136
2004 WL 354196

How courts have described this case

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

recognizing that the doctrine derives from Rooker v. Fidelity Tr. Co., 263 U.S. 413 (1923) and Dist. of Columbia Court of Appeals v. Feldman, 460 U.S. 462 (1983)
noting that Rooker-Feldman applies only when a federal plaintiff “seeks as her remedy relief from the state court judgment”
holding federal suit seeking to overturn state judgment due to adverse party submitting a false declaration in the state court was not barred by Rook-er-Feldman because plaintiff did not allege state court error
noting that a plaintiff may bring a federal 22 action to vacate state court judgment for extrinsic fraud without running afoul of Rooker- 23 Feldman, but expressly stating that the instant case was a diversity action
“Extrinsic fraud on a court is, by definition, not an error by the court.”
“If a plaintiff brings a de facto appeal from a state court judgment, 17 || Rooker—Feldman requires that the district court dismiss the suit for lack of subject 18 || matter jurisdiction.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cowen, Fletcher, Pregerson

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Cited by

25 cases in this archive cite this case; the 20 most cited are listed.

Cites

19 cases in this archive are cited by this case.

Other cases named Kougasian v. TMSL, Inc.

2 other CourtListener records share this case name.

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