Legal Opinion

Smith v. Lerner, Sampson & Rothfuss, L.P.A.

Court of Appeals for the Sixth Circuit

Decided August 15, 2016No. 15-3563UnpublishedCited by 39 opinions

1Opinion of the Court

BERG, District Judge.

This case arises from a mortgage foreclosure. Appellant Derek A. Smith (“Smith”) appeals the dismissal of his claims under the federal Fair Debt Collection Practices Act (“FDCPA”), the Racketeer Influenced and Corrupt Organizations Act (“RICO”), and several Ohio state statutes. Smith contends that the district court erred in holding that his FDCPA claim was untimely and his RICO claim barred by res judicata. These rulings formed the basis for the district court’s decision to decline to exercise supplemental jurisdiction over Smith’s state-law claims. For the reasons set…

2Cases cited26 opinions

  1. Alan Weiner, D.P.M. v. Klais and Company, Inc.Court of Appeals for the Sixth Circuit · 1997
  2. Gwendolyn T. Graham-Humphreys, Plaintiff-Appellant/cross-Appellee v. Memphis Brooks Museum of Art, Inc., Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 2000
  3. Peggy Greenberg and Pamela Rossmann, Individually and on Behalf of Others Similarly Situated v. The Life Insurance Company of VirginiaCourt of Appeals for the Sixth Circuit · 1999
  4. Goodson v. McDonough Power Equipment, Inc.Ohio Supreme Court · 1983
  5. John H. Hapgood v. City of WarrenCourt of Appeals for the Sixth Circuit · 1997

21 more not listed; retrieve them via the Exa API.

3Cited by39 opinions

  1. Quick v. Educap, Inc.Court of Appeals for the D.C. Circuit · 2018
  2. Dardinger v. Dardinger (In re Dardinger)United States Bankruptcy Court, S.D. Ohio · 2017
  3. Abston v. New Penn Financial LLC d/b/a Shellpoint Mortgage ServicingDistrict Court, S.D. Ohio · 2020
  4. Anderson v. State Automobile Mutual Insurance CompanyDistrict Court, W.D. Tennessee · 2023
  5. Below v. Cargill, IncorporatedDistrict Court, N.D. Ohio · 2025

34 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API