Legal Opinion
Lattanzio v. Ackerman
District Court, E.D. Kentucky
Decided February 1, 2010No. Civil Action No. 09-CV-13-JMHPublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
JOSEPH M. HOOD, Senior District Judge.
Defendants Ephraim W. Helton, Thomas Ackerman, and Mahogany Hill Farm, LLC, have filed a motion to dismiss the complaint [R. 56] and plaintiffs James and Sandra Lattanzio have filed their response opposing the motion. [R. 63] The time to file a reply in further support has now elapsed. LR 7.1(c).
The Court concludes the motion to dismiss must be granted because the moving defendants’ failure to assert the affirmative defenses of release and issue/claim preclusion in their Answers to the plaintiffs’ Complaint did not result in…
2Cases cited16 opinions
- Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
- Dlx, Inc. v. Commonwealth of KentuckyCourt of Appeals for the Sixth Circuit · 2004
- Westwood Chemical Co., Inc. v. Richard W. Kulick, Arthur Fletcher, and Lenape Chemicals, Inc., Garry B. Curtiss and Joseph Drasner, Movants-AppelleesCourt of Appeals for the Sixth Circuit · 1981
- Sandra S. Smith v. Ted W. SushkaCourt of Appeals for the Sixth Circuit · 1997
- Carole M. Rein Paul M. Driscoll William F. Croce Tina W. Croce and Paul Frenette v. Providian Financial CorporationCourt of Appeals for the Ninth Circuit · 2001
11 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Wohleber v. Skurko (In re Wohleber)Bankruptcy Appellate Panel of the Sixth Circuit · 2019
- Larison v. Home of the InnocentsCourt of Appeals of Kentucky · 2018
- Holt v. Specialized Loan Servicing, LLCDistrict Court, E.D. Kentucky · 2020
- In re Lawrence Wohleber, Jr.Bankruptcy Appellate Panel of the Sixth Circuit · 2019
- PHI Air Medical, LLC v. Westenhoefer (In re White)United States Bankruptcy Court, E.D. Kentucky · 2016