Legal Opinion
Stanley William Stark Patricia Garnet Stark v. Sandberg, Phoenix & Von Gontard, P.C. Scott Greenberg Emc Mortgage Corporation Spvg Trustee
Court of Appeals for the Eighth Circuit
Decided August 26, 2004No. 03-2366PublishedCited by 43 opinions
1Opinion of the Court
BYE, Circuit Judge.
Stanley and Patricia Stark appeal the district court’s order vacating in part an arbitration award granting them punitive damages. We reverse.
I
Stanley and Patricia are husband and wife and live near Kansas City, Missouri. In 1999, in hopes of shoring up a failing business, the Starks borrowed $56,900 against their home and secured the loan with a mortgage. Despite the infusion of funds, the business failed and in April 2000 the Starks petitioned for bankruptcy protection. At about the same time, the Starks’ lender sold the note, which was in default, to EMC Mortgage…
2Cases cited25 opinions
- Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
- First Options of Chicago, Inc. v. KaplanSupreme Court of the United States · 1995
- BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
- United Paperworkers International Union v. Misco, Inc.Supreme Court of the United States · 1987
- State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
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3Cited by43 opinions
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- Crawford Group, Inc. v. HolekampCourt of Appeals for the Eighth Circuit · 2008
- Jenkins v. Fitzgerald Marine & Repair, Inc.Court of Appeals for the Eighth Circuit · 2010
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