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· 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).

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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.