Collateral Attack

• State v. Garver, (Ohio 2011)

Pelfrey Issue; collateral attack

• Ohio Supreme Court

• 5th Cir. Applies Ny Convention to Avert Collateral Attack

On January 7, the 5th Circuit addressed two important issues in international arbitration: first, whether the district court had jurisdiction to hear a challenge to a foreign arbitral award that had been upheld at the seat of arbitration, and second, whether the district court could hear other claims seeking damages for wrongdoing that had an impact on the award. The arbitration arose out of a joint venture between Petrec, a wholly owned subsidiary of Gulf Petro, and Nigerian National Petroleum Corp. The court explained that the New York Convention mandates one procedure for reviewing awards in the country where an arbitration award was made (the primary jurisdiction) and another procedure in countries where enforcement of the award is sought (secondary jurisdictions).

• Dispute Resolution Journal
• Vol. 63 Nbr. 1, February 2008

• must raise it on a collateral attack of his convictions. United States v. Joyner, , slip op. at ., 313 F.3d 40 (2nd Cir. 2002)

Teddy T. Atkinson, Minersville, Pennsylvania, pro se. Carlos Charles, Edgefield, South Carolina, pro se. Michael Young, New York, New York, for Petit...

• Federal Circuits

• Pryor v. Pryor, (Ohio 2012)

CIVIL LAW: void, venue, vacate, collateral attack.

• Ohio Supreme Court

• Collateral Attack

As a general proposition a litigant gets one chance to present his case to a trial court; if he is dissatisfied with the result, he m...

• Encyclopedia of the American Constitution
• CL-EY

• Missouri Court of Appeals Western District Case Summaries: 22, 2011

MISSOURI COURT OF APPEALS, WESTERN DISTRICT Civil Practice Attorney's LienRes JudicataPersonal JurisdictionWhere a trial court held that a law firm's declaratory judgment action, which sought to determine the validity of its attorney's lien, was barred by res judicata based on the court's finding that the issue was determined in the underlying personal injury action, in a case of first impression the judgment is reversed because even though the law firm made an unfiled, written demand to be notified of the hearing to approve the settlement in the underlying case, the demand was not an affirmative filing sufficient to submit the law firm to the personal jurisdiction of the court in the underlying personal injury action, so the court lacked personal jurisdiction over the law firm, which m...

• Missouri Lawyers Media
• October 12, 2011

• Burge v. Ohio Atty. Gen., (Ohio 2011)

Dismissal of the declaratory judgment action was proper because it constituted an impermissible collateral attack on an order issued by the trial court in a criminal case. Judgment affirmed.

• Ohio Supreme Court

• Surella v. Ohio Adult Parole Auth., (Ohio 2011)

Because the post-release control portion of his sentence was not void, appellant's declaratory judgment action was an improper collateral attack, and the trial court properly dismissed the action in accordance with Civ.R. 12(B)(6).

• Ohio Supreme Court

• Mickey v. Rokakis, (Ohio 2012)

Subject matter jurisdiction; Civ.R. 12(B)(1); collateral attack doctrine; plaintiff attempted to collaterally attack foreclosure judgment against her instead of appealing from that judgment.

• Ohio Supreme Court

• Collateral Attack

An attempt to impeach or overturn a judgment rendered in a judicial proceeding, made in a proceeding other than within the origin...

• West's Encyclopedia of American Law
• Be