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Diane N. Resnick, et al.v.Krunchcash, LLC, et al.

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.20-14504
DecidedMay 20, 2022
Reporter34 F.4th 1028
JudgesNewsom and Marcus, Circuit Judges; Story, District Judge, sitting by designation
Tags
CivilBusiness LawCivil ProcedureFederal JurisdictionContract LawReversalRemandSpecial Concurrence
Case Summary

KrunchCash advanced funds to the Resnicks’ Florida law practices and a medical clinic at rates reaching 48% annually; the agreements allowed judgments by confession without notice. After a business dispute, KrunchCash obtained confessed judgments in Maryland and garnishment writs that froze personal and business accounts; Maryland later vacated the judgments and writs. The plaintiffs sued under 42 U.S.C. § 1983, alleging that use of Maryland’s garnishment process without notice or a hearing violated due process, and asserted state-law claims. The Eleventh Circuit held that this federal claim was not so wholly insubstantial or clearly foreclosed by precedent as to defeat federal-question jurisdiction: temporary property deprivation, alleged state participation in garnishment, and disputed validity of the agreements left a colorable claim. Reversing and remanding, the court left the due-process merits and Colorado River abstention for the district court. Judge Newsom, joined by Judges Marcus and Story, concurred, arguing courts should resolve weak federal claims on the merits rather than treat them as jurisdictional failures.

Opinion

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