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Case Citations [1] (July 2019 - August 2020)

handle is hein.ali/relwdmts0041 and id is 1 raw text is: JUDGMENTS CHAPTER 2. VALIDITY OF JUDGMENTS TOPIC 1. REQUISITES OF A VALID JUDGMENT § 5. Jurisdiction of the State Alaska, 2020. Cit. in case cit. in ftn. to diss. op. After unmarried Native American father obtained sole legal and physical custody of child pursuant to a trial-court order, mother filed a motion before the tribal court to modify the custody order. The tribal court granted mother's motion to modify and claimed jurisdiction over the case and the parties. The trial court denied mother's motion, finding that the judgment of the tribal court was not enforceable. This court vacated and remanded, holding that the trial court erred in refusing to extend full faith and credit to the ruling of the tribal court pursuant to the Indian Child Welfare Act, and that there was an unresolved question of law regarding whether the trial court had subject-matter jurisdiction over the case. The dissent argued that the trial court's ruling was void under Restatement of Judgments § 5, because the trial court was deprived of subject-matter jurisdiction as soon as the tribal court had exercised exclusive child-custody jurisdiction over the Native American child. Peidlow v. Williams, 459 P.3d 1136, 1147. CHAPTER 4. EFFECT OF JUDGMENTS WITH REFERENCE TO PERSON TOPIC 1. PARTIES AND PRIVIES § 83. Privies-General Rule N.D.Ill.Bkrtcy.Ct.2020. Com. (a) quot. in sup. Chapter 11 debtor corporation brought an adversary proceeding against ex-wife of its sole shareholder, seeking to avoid as fraudulent its pre-petition transfer to ex-wife of certain real property, which shareholder had purchased and assigned to debtor. This court granted ex-wife's motion to dismiss, holding that the transfer was made pursuant to a judgment in the marriage-dissolution proceedings between shareholder and ex-wife, in which the state court determined that the property was part of the marital estate, and that debtor's complaint in this action was a collateral attack on the state-court judgment that was barred under the Rooker-Feldman doctrine. The court noted that, while debtor was not a party to the state-court proceedings, it was in privity with shareholder for purposes of those proceedings under Restatement of Judgments § 83, and thus the judgment was binding on it. In re 3991 Transport Company Inc., 610 B.R. 881, 885. COPYRIGHT ©2020 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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