American Express Travel Related Services Co. v. Fraschilla (In Re Fraschilla)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
KLEIN, Bankruptcy Judge.
This is an appeal from a judgment in favor of a defaulted defendant in a credit card nondisehargeability action. The primary question relates to the effect of an intervening change in controlling authority on the application of the doctrine of the law of the case following a remand from the Bankruptcy Appellate Panel (“BAP”).
The judgment was entered at the end of a trial that the court, on remand following reversal, ordered to be held notwithstanding that the BAP’s mandate had included instructions to enter judgment for the plaintiff. The trial court justified…
2Cases cited28 opinions
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Liteky v. United StatesSupreme Court of the United States · 1994
- Messenger v. AndersonSupreme Court of the United States · 1912
- Chicago Teachers Union, Local No. 1 v. HudsonSupreme Court of the United States · 1986
- Stephen Yagman v. Republic Insurance Cna Insurance Valley Forge InsuranceCourt of Appeals for the Ninth Circuit · 1993
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- Parra v. Bashas', Inc.District Court, D. Arizona · 2013
- Williams v. Swenson (In Re Williams)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
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