Cases

OPINION KING, Circuit Judge: RCI Technology Corporation appeals from an order entered in the District of Maryland affirming the bankruptcy court’s ruling in favor of Sunterra Corporation. RCC Tech. Corp. v. Sunterra Corp., 287 B.R. 864 (D.Md.2003). 1 RCI contends that the dis

298 B.R. 549 (2003) In re SUNTERRA CORP., et al. Resort Condominium International, LLC, Appellant, v. Sunterra Corp., et al., Appellee. No. CIV. JFM-03-179. United States District Court, D. Maryland. August 28, 2003. *550 Jay A. Shulman, Irving E. Walker, Saul Ewing LLP, Baltimore, MD, Mark R. Wenzel, Krieg DeVault LLP, India

BY JUDGE R. TERRENCE NEY This matter comes before the Court on Defendants’ Motion in Limine. This case arises from personal injuries the Plaintiff allegedly sustained on December 8,1997, while using a steam shower at the Powhatan Plantation in Williamsburg, Virginia. On September 22,1999, the Plaintiff filed a Motion for Judgment claiming damages resulting from the Defendants’ alleged negligence

199 F.Supp.2d 1308 (2002) In re: SUNTERRA CORPORATION SECURITIES LITIGATION No. 6:00-CV-79-ORL-28DAB. United States District Court, M.D. Florida, Orlando Division. March 12, 2002. *1309 *1310 *1311 *1312 Stanley D. Bernstein, Me

287 B.R. 864 (2003) RCC TECHNOLOGY CORPORATION, v. SUNTERRA CORPORATION. No. CIV. JFM-02-2539. United States District Court, D. Maryland. January 10, 2003. Ira L. Oring, Alan F.M. Garten, Fedder and Garten PA, Irving E. Walker, Saul Ewing LLP, Baltimore, MD, for appellant. Kenneth Oestreicher, Gary Steven Posner, Martin Thomas Fletcher, Jr., Whiteford, Taylor

186 S.W.3d 497 (2006) Vernon WHITE, Plaintiff-Respondent, v. RPM MANAGEMENT, INC., and Sunterra Corporation, Defendants-Appellants. No. 26948. Missouri Court of Appeals, Southern District, Division Two. March 27, 2006. *498 Jonathan D. Cope, The Styron Law Firm, Ozark, for appellant. Jeffery L. Love, Millington, Glass &

KING, Circuit Judge, dissenting: Unlike my friends of the panel majority, I am entirely confident that plaintiff Richard Sibert, an active duty soldier in the United States Army, is entitled to avail himself of the statutory protection accorded to American servicemembers against non-judicial foreclosure sales of their homes. That protection is afforded to Sergeant Sibert by the Servicemembers Civil Relief Act,

Statement of Justice KENNEDY, with whom Justice BREYER joins, respecting the denial of certiorari. The object of Chapter 11 of the Bankruptcy Code is to empower a debtor with going concern value to reorganize its operations to become solvent once more. In a typical case, the debtor takes on the role of “debtor in possession,” 11 U.S.C. § 1101(1), allowing it to retain

DIAZ, Circuit Judge, concurring: I join in full Judge Floyd’s well-reasoned opinion but write separately to address the troubling inconsistency produced by application of the Federal Torts Claim Act (“FTCA”) provisions at issue in this case. We hold today that the FTCA waives sovereign immunity for the intentional torts of law enforcement officers, regardless of whether the tort occurred while the officer wa

WYNN, Circuit Judge, concurring: I fully concur in the fine majority opinion. I write separately to address what appears to be the heart of the dissent’s objections: that applying the Wartime Suspension of Limitations Act, 18 U.S.C. § 3287, to the False Claims Act, 31 U.S.C. §§ 3729-33, actions in which the United States is not plaintiff or intervenor is unwise because doing so is contrary to the policy of s

Petition for review denied in part and dismissed in part by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge KING and Judge THACKER joined. TRAXLER, Chief Judge: Rafael Tiscareno-Garcia petitions for review of an order of removal of the Board of Immigration Appeals (“BIA”) which determined that Tiscareno-Garcia cannot establish th

Vacated and remanded by published opinion. Judge FLOYD wrote the opinion, in which Judge NIEMEYER and Judge WYNN joined. FLOYD, Circuit Judge: In this appeal, Defendant-Appellant challenges the district court’s granting of Plaintiffs-Appellees’ motion to remand this case to state court. After Defendant-Appellant removed the case to federal court pursuant

CONTESTED MATTER ORDER ON STAY RELIEF MARGARET H. MURPHY, UNITED STATES BANKRUPTCY JUDGE This case is before the Court on Movant’s Motion for Relief from Stay, filed February 23, 2015 (Doc. No. 44) (“Motion”). Movant asserts Debtors are legally barred from assuming their franchise agreements with Movant without Movant’s consent, and Movant withholds such consent; therefore, Movant

ALARCÓN, Circuit Judge: Lead Plaintiff DeKalb County Pension Fund (“DeKalb”) appeals from the District Court’s Order dismissing its Second Amended Complaint for failure to meet the heightened requirements of Rule 9(b) and the Private Securities Litigation Reform Act (“PSLRA”), 15 U.S.C. § 77z-l, 78u. We affirm the District Court’s Order dismissing the Second Amended Complaint

MEMORANDUM OPINION Hon. David T. Thuma, United States Bankruptcy Judge Before the Court is the Debtor’s motion to reject a state court settlement agreement with a homeowner’s association pursuant to 11 U.S.C. § 365(a).1 The parties asked the Court to rule, in advance of the final hearing, on whether the agreement is an executory contract. Based on the case law and t

*35OPINION SLOVITER, Circuit Judge. At issue is whether a contract entered into by the debtor is executory and therefore one that the bankruptcy trustee may assume and assign under 11 U.S.C. § 365. Both the Bankruptcy Court and the District Court held that the contract is not executory. I. The relevant facts are undispu

417 F.Supp.2d 773 (2006) UNITED STATES of America v. James Randy NELSON, Defendant. Criminal Action No. 2:05cr114. United States District Court, E.D. Virginia, Norfolk Division. March 3, 2006. James Ashford Metcalfe, United States Attorney's Office, Norfolk, VA, for Plaintiff. Frank W. Dunham, Jr., Office of the Public Defender, Alexandria, VA, for Defendant.

Affirmed by published opinion. Judge WYNN wrote the opinion, in which Judge SHEDD and Judge DAVIS joined. OPINION WYNN, Circuit Judge: The bankruptcy trustee (the “Trustee”) for debtor Total Realty Management, LLC (“TRM”) appeals the dismissal of his adversary action against real estate development companies R.A. North Development, I

KING, Circuit Judge, dissenting. I write separately to express my disagreement with the panel majority’s resolution of this appeal. The decision of my colleagues is incorrect for two reasons. First, the panel majority reaches a result contrary to that mandated by the Supreme Court’s decision in Simpson v. United States, 435 U.S. 6, 98 S.Ct. 909, 55 L.Ed.2d 70 (1978). Second, it has erred in concludin

PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, v.  No. 04-4820 SEAN FITZGERALD, Defendant-Appellant.  Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, Dis