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View Diary: 11th Circuit Rebukes Delay, Frist, Bush (59 comments)

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  •  Exxon doesn't apply (none)
    Because there the Court merely held that where concurrent state and federal cases exist, the fact that the state judgment is entered prior to the federal judgment does not trigger Rooker-Feldman.  Here, there was no concurrent federal case; it was all state-court proceedings until Congress intervened.  What Congress did was to attempt to carve out a one-case exception to Rooker-Feldman after the state court judgment became final.  That, to my mind, violates Plaut.  And while the constitutional claims might be independent, it was the Schindler's responsibility to raise them in a separate federal proceeding prior to the entry of final judgment (not that it would have mattered; the federal courts would have abstained).  

    The power of accurate observation is commonly called cynicism by those who have not got it. --George Bernard Shaw

    by Categorically Imperative on Wed Mar 30, 2005 at 03:59:28 PM PST

    [ Parent ]

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