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Tag Archives: civil practice

Civil Practice: Fraud-Failure To Plead

Where an appellant challenged the dismissal of his diversity action claiming fraud and false advertising against a university defendant, the judgment is affirmed because the district court properly found that the complaint did not plead fraud or false advertising with ...

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Civil Practice: Removed Action-Summary Judgment on Federal Claim-Remand of State Claims

Plaintiff appealed the district court’s grant of summary judgment on his federal claims and the remand to state court of his remaining state law claims. Where the district court did not abuse its discretion in granting summary judgment on plaintiff’s ...

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Civil Practice: False Claims Act-Criminal Charge-Same Transaction

Where appellant challenged the grant of summary judgment for the U.S. in its civil suit against him under the False Claims Act and the dismissal of his counterclaims, the appellant’s unappealed criminal conviction regarding the same underlying transaction estopped him ...

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Civil Practice: Subject-Matter Jurisdiction-Federal Tax Liability

Where taxpayers challenged the dismissal of their civil suit challenging their liability for federal taxes and penalties, the district court did not err in dismissing the complaint for lack of subject-matter jurisdiction. Judgment is affirmed. Francis v. U.S. (MLW No. ...

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Civil Practice: Class Action-Opt-Out Provisions-Intervention

Where in a putative class action challenging oil and gas royalty payments for oil wells, 248 royalty owners moved to intervene to challenge the opt-out provisions, and the district court denied the motions, the judgment is affirmed because the owners ...

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