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Home / Opinion Digest / Civil Practice / Civil Practice – Abstention – Money Damages – Real Property – State Foreclosure Action (access required)

Civil Practice – Abstention – Money Damages – Real Property – State Foreclosure Action (access required)

Ashley v. Rushmore Loan Management Services, LLC (Lawyers Weekly No. 002-102-17, 8 pp.) (R. Bryan Harwell, J.) 4:16-cv-01969; D.S.C. Holding: Even though there is an ongoing state-court foreclosure proceeding between plaintiff and the defendant-bank, since plaintiff seeks only monetary damages in this action, Quackenbush v. Allstate Insurance Co., 517 U.S. 706 (1996), prohibits a dismissal based ...

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