personal injury - employment law - commercial litigation
Homeowners Find Little Relief In Federal Court
Serving all of Pasco County including Bayonet Point, Crystal Springs, Dade City, Elfers, Holiday, Hudson, Land O' Lakes, New Port Richey, Odessa, Port Richey, Saint Leo, San Antonio, Shady Hills, Trilby, Trinity, Wesley Chapel & Zephyrhills.
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With the large number of residential foreclosures in Pasco County, it is not uncommon that aggrieved homeowners might look to the federal courts for relief. In many cases, however, relief is not available to losing litigants because of the Rooker-Feldman doctrine.
The doctrine applies to cases brought by state court losers complaining of injuries caused by state court judgments rendered before the district court proceedings commenced and inviting the district court’s review and rejection of those judgments.
The doctrine precludes not only those claims raised in the state court proceedings but also those claims inextricably intertwined with the state court proceedings.
Courts has consistently applied the doctrine in precluding state court losers in foreclosure actions from re-litigating their claims in federal court because federal district courts lack jurisdiction to review, reverse or invalidate a final state court decision.
Whether a claim is inextricably intertwined with a state court judgment, one may examine the requested relief. Where a plaintiff seeks a remedy that would disrupt or undo a state court judgment, the federal claim is inextricably intertwined with the state court judgment.
Randall Love, PA
Attorney For Employers