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Sunday, July 16, 2006

check out the 7th circuit case -- ouch!

3rd Circuit
Armed Forces code does not authorize discharge of educational obligation 5 years after debtor's departure from military service without a showing of "undue hardship" as defined in the Code.
7th Circuit
Dismissal of suit against eBay was affirmed and order to show cause was issued where: 1) plaintiff's claims were meritless; 2) plaintiff failed to state a claim for rescission; 3) court did not have jurisdiction over state law claims; and 4) plaintiff abused judicial process with frivolous litigation.
California Appellate Districts
Summary judgment for defendant based on judicial estoppel reversed where bankruptcy court did not adopt or accept the finding that the plaintiff failed to list certain claims as assets, eliminating any threat to judicial integrity. Judgment against plaintiff based on collateral estoppel is reversed where there was no privity, as plaintiff's interests in defending the cross-complaint differed significantly from the interests of his companies.

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