Legal Opinion

Merrill Lynch Business Financial Services, Inc. v. Nudell

Court of Appeals for the Tenth Circuit

Decided April 12, 2004No. 03-1163PublishedCited by 165 opinions

1Opinion of the Court

TACHA, Chief Circuit Judge.

Plaintiff-Appellant Merrill Lynch Financial Business Services, Inc. (“Merrill Lynch”) brought a diversity action to collect on a debt that DefendanL-Appellee Arnold Nudell guaranteed. Mr. Nudell, in response, filed a motion to dismiss based upon the Rooker-Feldman doctrine, which the district court granted. We take jurisdiction pursuant to 28 U.S.C. § 1291, REVERSE, and REMAND.

I. BACKGROUND

This case comes to us from a motion to dismiss. We present the facts, therefore, as stated in the Complaint. On August 15, 1995, Genesis Technologies, Inc. (“GTI”) executed two…

2Cases cited11 opinions

  1. District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
  2. Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
  3. Stephen Moccio v. New York State Office of Court AdministrationCourt of Appeals for the Second Circuit · 1996
  4. Joel Charchenko v. City of StillwaterCourt of Appeals for the Eighth Circuit · 1995
  5. Maestas v. State of ColoradoCourt of Appeals for the Tenth Circuit · 2003

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

3Cited by165 opinions

  1. Mo's Express, LLC v. SopkinCourt of Appeals for the Tenth Circuit · 2006
  2. Gordon v. Chipotle Mexican Grill, Inc.District Court, D. Colorado · 2018
  3. Hughes v. Colorado Department of CorrectionsDistrict Court, D. Colorado · 2009
  4. Estate of Goodwin by and through Alvarado v. ConnellDistrict Court, D. Colorado · 2019
  5. Irvine v. I.C. System, Inc.District Court, D. Colorado · 2016

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

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