SMALLEY v. SHAPIRO & BURSON, LLP

No. 12-1266.

CHARLES SMALLEY; PAMELA BALL, On behalf of themselves and as a class, Plaintiffs-Appellants, v. SHAPIRO & BURSON, LLP; JOHN S. BURSON, Esq.; WILLIAM M. SAVAGE, Esq.; JASON MURPHY, Esq., Defendants-Appellees, and KRISTINE D. BROWN, Esq.; ERIK W. YODER, Esq.; GREGORY N. BRITTO, Esq., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: April 16, 2013.


Attorney(s) appearing for the Case

ARGUED: Ian Stumpf , JR HOWELL & ASSOCIATES, Washington, D.C., for Appellants.

Robert A. Scott , BALLARD SPAHR, LLP, Baltimore, Maryland; William Joseph Carter , CARR MALONEY, PC, Washington, D.C., for Appellees.

ON BRIEF: Glenn A. Cline , BALLARD SPAHR, LLP, Baltimore, Maryland; Bizhan Beiramee , BIZHAN BEIRAMEE, ESQ., P.C., McLean, Virginia, for Appellees Shapiro & Burson, LLP, John S. Burson, Esq., and William M. Savage, Esq.

Vacated and remanded by unpublished opinion. Senior Judge Kiser wrote the opinion, in which Judge Wilkinson and Judge Davis joined.


UNPUBLISHED

Unpublished opinions are not binding precedent in this circuit.

KISER, Senior District Judge.

Appellants ask us to hold that their federal causes of action are not barred under Maryland claim preclusion law because the claims could not have been asserted in the state foreclosure proceedings. Because we decide that the district court lacked jurisdiction to reach the merits of the case under the

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