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Barker v. King

Ruling
124 medical malpractice cases against debtor and others remanded to state court for expeditious resolution.
Procedural posture

Plaintiff was one of numerous people who filed 124 civil actions in the Circuit Court of Putnam County (West Virginia), alleging that defendants, a doctor, a hospital, and others, were liable for injuries the doctor caused. Defendants removed the cases to federal district court, and plaintiffs filed a consolidated motion to remand.

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Consumer opinion summary, case decided on March 13, 2008 , LexisNexis #0408-062

Barker v. King

Ruling
124 medical malpractice cases against debtor remanded to state court.
Procedural posture

Plaintiff patients filed 124 civil actions in the Circuit Court of Putnam County (West Virginia), alleging that defendants, a doctor, a hospital, and others, were liable for injuries the patients sustained. Defendants removed the cases to federal district court, and the patients filed a motion to remand.

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Consumer opinion summary, case decided on March 13, 2008 , LexisNexis #0408-025

Green Tree Servicing LLC v. Taylor (In re Taylor)

Ruling
Bankruptcy court properly awarded compensatory damages where creditor's willful violation of stay caused debtor to have a seizure.
Procedural posture

Appellant creditor and appellee debtor filed cross-appeals from an order in which the bankruptcy court awarded $5,000 in compensatory damages to the debtor pursuant to former 11 U.S.C. § 362(h) (now 11 U.S.C. § 362(k)) based on the creditor's willful violation of the automatic stay.

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opinion summary, case decided on March 30, 2007 , LexisNexis #0507-052