context: Moreover, a finding in this court in favor of plaintiffs would have the effect of rendering the settlement agreement in the underlying probate case meaningless and re-litigating the issues that were originally brought by plaintiffs before the probate court with respect to Darwit's accounting and reimbursement of estate funds. Plaintiffs cannot simply re-title their claims from probate court against Darwit as RICO claims in order to seek relief in a different forum.
citation_a.signal: cf.
citation_a.identifier: 465 F.3d 304, 308
citation_a.parenthetical: "It is too facile a litigation.move to recast a claim of maladministration [of an estate] as a denial of due process."
citation_a.sentence: See Cas-sity v. Pitts, 995 F.2d 1009, 1011-12 (10th Cir.1993) (RICO claims were barred when they required the court “to construe the trust and define the duties, obligations and responsibilities of [tjrustees”); Wozniak v. Corrigan, No. 1:05 CV 2259, 2006 WL 4512815, at *4 (N.D.Ohio May 12, 2006) (“Recasting the language of the [probate] suit as a RICO claim does not alter the landscape of the case which implores the Court to interfere with a state probate proceeding.”); cf. Jones v. Brennan, 465 F.3d 304, 308 (7th Cir.2006) (“It is too facile a litigation.move to recast a claim of maladministration [of an estate] as a denial of due process.”).
citation_b.signal: see
citation_b.identifier: 2006 WL 4512815, at *4
citation_b.parenthetical: "Recasting the language of the [probate] suit as a RICO claim does not alter the landscape of the case which implores the Court to interfere with a state probate proceeding."
citation_b.sentence: See Cas-sity v. Pitts, 995 F.2d 1009, 1011-12 (10th Cir.1993) (RICO claims were barred when they required the court “to construe the trust and define the duties, obligations and responsibilities of [tjrustees”); Wozniak v. Corrigan, No. 1:05 CV 2259, 2006 WL 4512815, at *4 (N.D.Ohio May 12, 2006) (“Recasting the language of the [probate] suit as a RICO claim does not alter the landscape of the case which implores the Court to interfere with a state probate proceeding.”); cf. Jones v. Brennan, 465 F.3d 304, 308 (7th Cir.2006) (“It is too facile a litigation.move to recast a claim of maladministration [of an estate] as a denial of due process.”).