Legal Opinion
Kougasian v. TMSL, Inc.
Court of Appeals for the Ninth Circuit
Decided February 26, 2004No. 02-56781PublishedCited by 182 opinions
1Opinion of the Court
OPINION
WILLIAM A. FLETCHER, Circuit Judge.
This is the fourth in a series of suits arising out of a siding accident in which appellant’s husband, James Kougasian, was killed. The district court dismissed the suit for want of subject matter jurisdiction based on the Rooker-Feldman doctrine.
We conclude that Rooker-Feldman does not deprive the district court of subject matter jurisdiction. We therefore reverse and remand for further proceedings. On remand, the district court may determine, inter alia, whether the suit should be dismissed under California preclusion law pursuant to 28 U.S.C. §…
2Cases cited21 opinions
- District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
- Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
- Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
- Atlantic Coast Line Railroad v. Brotherhood of Locomotive EngineersSupreme Court of the United States · 1970
- Eric Noel v. Brian C. Hall Sandra A. Hall, Fka Sandra Johnson, and Gabrielle S. Lennartz Herb Weisser Michelle A. MerchantCourt of Appeals for the Ninth Circuit · 2003
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3Cited by182 opinions
- Nano Maldonado v. Tony Harris, in His Capacity as Acting Director of the California Department of TransportationCourt of Appeals for the Ninth Circuit · 2004
- Wolfe v. StrankmanCourt of Appeals for the Ninth Circuit · 2004
- Kevin Cooper v. Michael RamosCourt of Appeals for the Ninth Circuit · 2012
- Reusser v. Wachovia Bank, N.A.Court of Appeals for the Ninth Circuit · 2008
- Janet Bell v. City of BoiseCourt of Appeals for the Ninth Circuit · 2013
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