WOLFERT EX REL. WOLFERT v. TRANSAMERICA HOME FIRST, INC.

Docket No. 04-5519-CV.

439 F.3d 165 (2006)

Marc S. WOLFERT, as Executor of the Estate of Elinor M. Wolfert, Plaintiff-Appellant, v. TRANSAMERICA HOME FIRST, INC. and Financial Freedom Senior Funding Corporation, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 24, 2006.


Attorney(s) appearing for the Case

Bob Green, Goshen, N.Y. (Neal D. Frishberg, Goshen, N.Y., on the brief), for Plaintiff-Appellant.

David C. Frederick, Washington, D.C. (Priya R. Aiyar, Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C., Washington, D.C.; James H. Fleming, Reed Smith LLP, Oakland, Cal., on the brief), for Defendants-Appellees.

Before: NEWMAN, CABRANES, and HALL, Circuit Judges.


JON O. NEWMAN, Senior Circuit Judge.

This appeal presents due process challenges to the preclusive effect of a state court judgment approving a class action settlement. The challenges concern lack of adequate representation and deficiencies in notice of the settlement. Plaintiff-Appellant Marc S. Wolfert as Executor of the Estate of Elinor M. Wolfert ("Mrs. Wolfert") appeals from the September 16, 2004, judgment of the United States District Court for the Southern...

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