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Case Citations [1] (April 2023 - August 2023)

handle is hein.ali/relwdmts0045 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2023 Citations JUDGMENTS CHAPTER 2. VALIDITY OF JUDGMENTS TOPIC 4. JUDGMENTS IN REM AND QUASI IN REM § 32. Jurisdiction over Things C.D.Cal.2021. Com. (a) quot. in disc. After obtaining a judgment under the Anti-Terrorism Act against foreign terrorist organization for the torture and murder of his father, judgment creditor obtained a writ of execution under the Terrorism Risk Insurance Act (TRIA) on the blocked assets of nonparty narcotics trafficker; trafficker intervened, arguing, inter alia, that the court lacked personal jurisdiction over him. This court denied intervenor's motion to dissolve writ of execution, holding that it had quasi in rem jurisdiction over intervenor's blocked assets if it determined that intervenor was an agency or instrumentality of defendant for the purposes of TRIA, because plaintiff could obtain satisfaction for his claim against defendant by attaching those assets. Citing Restatement of Judgments § 32, Comment a, the court noted that an alternative type of quasi in rem jurisdiction existed, under which plaintiff could assert an interest in property and seek to have his interest established against intervenor's assets, such as in an action to quiet title. Caballero v. Fuerzas Armadas Revolucionarias de Colombia, 562 F.Supp.3d 867, 882. CHAPTER 3. FORMER ADJUDICATION TOPIC 2. PERSONAL JUDGMENTS TITLE B. EFFECT ON THE ORIGINAL CAUSE OF ACTION § 55. Judgment for Defendant for Costs Mass.2022. Com. (a) cit. in sup. Assignee of a residential mortgage loan filed a summary-process action against borrowers, seeking possession of the property after they defaulted on the loan; borrowers counterclaimed, alleging that lender violated state statutes protecting consumers and prohibiting predatory home-loan practices. The trial court granted summary judgment for lender on borrowers' counterclaims. The court of appeals affirmed. This court affirmed in part, holding that borrowers could not assert their counterclaim under the consumer-protection statute as a defense to lender's eviction action, because it was not limited to the extent of lender's claim. The court explained that a successful recoupment claim by a defendant could reduce or extinguish the plaintiff's claim but could not result in COPYRIGHT C2023 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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