Legal Opinion

Harry M. Weiss & Associates, P.C. v. Eric Nelson Auctioneering

Court of Appeals for the Ninth Circuit

Decided December 1, 2008No. 07-15760Published

1Opinion of the Court

MEMORANDUM *

Harry M. Weiss & Associates, P.C. (“the Firm”) appeals the district court’s judg*352ment affirming the bankruptcy court’s judgment in favor of Eric Nelson Auction-eering (“Nelson”). The bankruptcy court found that the Firm was not entitled to a commission when it acted as the agent for the top bidder in an auction. In 2000, the bankruptcy court granted summary judgment against the Firm on all seven of its claims, in part because the Firm, an unlicensed broker, was barred from seeking relief under Nevada law. This court reversed as to the unjust enrichment claim because the Firm’s lack…

2Cases cited4 opinions

  1. In Re Frank Salazar in Re Margaret Salazar, Debtors, Frank Salazar Margaret Salazar v. Kathleen A. McDonald Armando Flores Christine FloresCourt of Appeals for the Ninth Circuit · 2005
  2. Magill v. LewisNevada Supreme Court · 1958
  3. Rebel Oil Co. v. Atlantic Richfield Co.Court of Appeals for the Ninth Circuit · 1998
  4. Harry M. Weiss & Associates, P.C. v. Eric Nelson AuctioneeringCourt of Appeals for the Ninth Circuit · 2003

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