Legal Opinion

Maiz v. Virani

Court of Appeals for the Fifth Circuit

Decided October 23, 2002No. 01-10292PublishedCited by 62 opinions

1Opinion of the Court

ROBERT M. PARKER, Circuit Judge:

This case requires us to consider whether a federal district court can utilize the Texas turnover statute to adjudicate the property rights of a non-judgment debtor corporation not properly before the court so long as the district court makes a factual finding that the corporation is subject to the judgment debtor’s control. We find that the Texas turnover statute cannot be utilized to adjudicate the substantive property rights of the two non-judgment debtor corporations in this case without a prior judicial determination which pierces their corporate veils.…

2Cases cited28 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Omni Capital International, Ltd. v. Rudolf Wolff & Co.Supreme Court of the United States · 1987
  3. Beaumont Bank, N.A. v. BullerTexas Supreme Court · 1991
  4. Jones v. Sheehan, Young & Culp, P.C.Court of Appeals for the Fifth Circuit · 1996
  5. Schultz v. Fifth Judicial District Court of Appeals at DallasTexas Supreme Court · 1991

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3Cited by62 opinions

  1. Alexander Dubose Jefferson & Townsend LLP v. Chevron Phillips Chem. Co., L.P.Texas Supreme Court · 2018
  2. Blair v. City of WorcesterCourt of Appeals for the First Circuit · 2008
  3. McClure v. AshcroftCourt of Appeals for the Fifth Circuit · 2003
  4. Lincoln v. CaseCourt of Appeals for the Fifth Circuit · 2003
  5. City of Clarksdale Ex Rel. Clarksdale Public Utilities Commission v. Bellsouth Telecommunications, Inc.Court of Appeals for the Fifth Circuit · 2005

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