· 5/15/1990
William Wayne Picco v. Global Marine Drilling Company, and Crosbie Offshore Services, Ltd.
Citations
- 900 F.2d 846
- 16 Fed. R. Serv. 3d 937
- 22 Collier Bankr. Cas. 2d 1762
- 1990 A.M.C. 1976
- 1990 U.S. App. LEXIS 7752
- 1990 WL 52578
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that a dismissal without prejudice on the grounds of forum non conveniens after an automatic stay was issued in a bankruptcy proceeding did not have prospective application within the meaning of Rule 60(b)(5
- finding res judicata of the district court’s decision to dismiss a case where it took such action despite being aware of an automatic stay that apparently prohibited its jurisdiction
- \A court's determination of its own jurisdiction is subject to the principles of res judicata ; it generally may not be challenged in a collateral proceeding.\
- “The only arguably prospective effect of the ... dismissal is that it precludes relitigation of the issues decided, which clearly is not enough.”
- “The automatic stay of the bankruptcy court does not divest all other courts of jurisdiction to hear every claim that is in any way related to the bankruptcy proceeding.”
- \The automatic stay of the bankruptcy court does not divest all other courts of jurisdiction to hear every claim that is in any way related to the bankruptcy proceeding.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Johnson, Williams, Garwood
Read full opinion on CourtListenerSourced 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.