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Case Citations [1] (July 2017 through August 2018)

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                                  JUDGMENTS 2D



                                  CHAPTER 1. INTRODUCTION

  Organization of This Restatement

  E.D.Cal.Bkrtcy.Ct.2018. Cit. in disc., quot. in ftn. Following trial in a Chapter 13 adversary proceeding
  where secured creditor was found liable for willful violations of debtors' automatic stay, assessed with
  compensatory and punitive damages for debtors and public-interest punitive damages for designated
  beneficiaries, debtors and creditor jointly moved to vacate the judgment, expunge the trial-court opinion,
  and dismiss the adversary proceeding as part of a settlement between the parties. This court denied the
  joint motion, vacated the money judgment, closed the adversary proceeding without dismissing the
  proceeding or expunging the opinion, and retained jurisdiction over the settlement agreement. The court
  discussed the problems of claim and issue preclusion faced by creditor, particularly from third parties,
  explaining that claim and issue preclusion rules of res judicata for federal judgments followed the
  Restatement Second of Judgments, and pointed out that the Restatement's Introductory Notes had
  sufficient force to be worthy of respect and citation. In re Sundquist, 580 B.R. 536, 552.



                            CHAPTER 2. VALIDITY OF JUDGMENTS

                            TOPIC   2. TERRITORIAL JURISDICTION

  § 6. Jurisdiction Over Things

  C.A.2, 2018. Com. (a) quot. in sup. In vessel owner's action for breach of a maritime contract against
  charterer of the vessel, guarantors of charterers' obligations, and others, owner simultaneously sought a
  maritime attachment and garnishment order against certain garnishees that allegedly were in the
  possession of defendants' property. The district court denied owner's motion for attachment. Affirming,
  this court held that owner failed to make legally sufficient allegations that identifiable property of
  defendants, tangible or intangible, was in the hands of garnishees, such that the exercise of quasi-in-rem
  jurisdiction over the property was appropriate. The court noted that, under Restatement Second of
  Judgments § 6, in a quasi-in-rem proceeding, a thing owned by a specified person was seized as a basis
  for exercising jurisdiction to decide a claim against the owner. DS-Rendite Fonds Nr. 108 VLCC Ashna
  GMBH   & Co  Tankschiff KG v. Essar Capital Americas Inc., 882 F.3d 44, 48.

  D.D.C.2017. Cit. in case quot. in sup. African American female attorney who unsuccessfully applied for
  a job as an administrative law judge (ALJ) with the Social Security Administration (SSA) filed an action
  pro se against the SSA and the Office of Professional Management (OPM), which had exclusive control
  over the process used to refer applications to be considered for ALJ positions, alleging that defendants
  retaliated against her in violation of the Civil Rights Act for filing a 1994 action challenging the OPM's
  ALJ selection process. This court granted in part defendants' motion to dismiss, holding that plaintiff s
  retaliation claim against the OPM was barred by the doctrine of res judicata, because plaintiff could
  have brought her retaliation claim against the OPM in a 2009 action, in which she alleged that the OPM



AL   Im     For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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