Tag: Full Faith and Credit

N.C. S. Ct.: DocRX v. EMI – Full Faith and Credit Precludes Attack on Foreign Judgment based on Intrinsic Fraud

Summary:

The North Carolina Supreme Court affirmed the earlier opinion from the Court of Appeals that “the defenses preserved under North Carolina’s UEFJA are limited by the Full Faith and Credit Clause to those defenses which are directed to the validity and enforcement of a foreign judgment.”

For a copy of the opinion, please see:

DocRX v. EMI – Full Faith and Credit Precludes Attack on Foreign Judgment based on Intrinsic Fraud

The Court of Appeals opinion and summary can be found here:

http://ncbankruptcyexpert.com/?p=1170 Read More

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N.C. Court of Appeals: DOCRX, Inc. V. EMI Services- Enforcement of Foreign Judgment Obtained by Fraud

Summary:

Despite the Full Faith and Credit Clause of the U.S. Constitution, the Court of Appeals held that the enforcement of foreign judgments (in this case from Alabama) can be reviewed under Rule 60(b) on the following limited grounds:

(1) the judgment is based upon extrinsic fraud;
(2) the judgment is void; or
(3) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application.

For a copy of the opinion, please see:

DOCRX, Inc. V. Read More

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