Legal Opinion

Michael Wallace v. Claire Wallace

Court of Appeals for the Eighth Circuit

Decided November 20, 2013No. 12-3912PublishedCited by 46 opinions

1Opinion of the Court

RILEY, Chief Judge.

Collateral to an ongoing divorce proceeding in Missouri state court, Michael Wallace filed an identity theft tort claim in federal court under Mo. Rev. Stat. § 570.223 against his wife, Claire Wallace, and alleged diversity jurisdiction, see 28 U.S.C. § 1332(a)(1). Michael asserted that during their marriage Claire stole his identity and “surreptitiously open[ed] multiple credit cards in [his] name.” Noting the Wallaces’ pending state divorce proceeding, the district court 1 dismissed the case for lack of subject matter jurisdiction under the domestic relations exception to…

2Cases cited7 opinions

  1. Marshall v. MarshallSupreme Court of the United States · 2006
  2. Barber v. Barber Ex Rel. CronkhiteSupreme Court of the United States · 1859
  3. Mader v. United StatesCourt of Appeals for the Eighth Circuit · 2011
  4. Linda S. Kahn v. Farrell KahnCourt of Appeals for the Eighth Circuit · 1994
  5. ABF Freight System, Inc. v. International Brotherhood of TeamstersCourt of Appeals for the Eighth Circuit · 2011

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

3Cited by46 opinions

  1. Gary Reece v. Bank of New York MellonCourt of Appeals for the Eighth Circuit · 2014
  2. Caroline Chevalier v. Kimberly BarnhartCourt of Appeals for the Sixth Circuit · 2015
  3. Irish v. IrishCourt of Appeals for the First Circuit · 2016
  4. Lisa Crain v. Shirley CrainCourt of Appeals for the Eighth Circuit · 2023
  5. Rosenbrahn v. DaugaardDistrict Court, D. South Dakota · 2015

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

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