TRUONG v. BANK OF AMERICA, N.A.

No. 12-30934.

717 F.3d 377 (2013)

Glory TRUONG, Plaintiff-Appellant v. BANK OF AMERICA, N.A.; Wells Fargo Bank, N.A., As Trustee For the Benefit of the Certificate Holders Asset-backed Pass-through Certificates Series 2004-WCW1, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 30, 2013.


Attorney(s) appearing for the Case

Marc R. Michaud , Patrick H. Patrick, Esq. , Patrick Miller, L.L.C., New Orleans, LA, for Plaintiff-Appellant.

Stephen Winthrop Rider, Esq. , Cullen James Brown, Esq. , McGlinchey Stafford, P.L.L.C., New Orleans, LA, for Defendant-Appellee.

Before KING, DAVIS, and ELROD, Circuit Judges.


KING, Circuit Judge:

Plaintiff-Appellant brought a diversity action against two national banking associations, alleging violations of Louisiana consumer protection law in connection with a mortgage foreclosure proceeding. Plaintiff-Appellant sought damages and declaratory relief. The district court dismissed the action in part pursuant to the Rooker-Feldman doctrine and in part for failure to state a claim because of a statutory exemption under Louisiana law...

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