Posts Categorized: Res Judicata/Collateral Estoppel/Entire Controversy Doctrine

Posted: January 19, 2021

Party May Not Relitigate Issue of Law That it Has Litigated and Lost in an Earlier Lawsuit

On January 05, 2021, the First Department issued a decision in MLRN LLC v. U.S. Bank N.A., 2021 NY Slip Op. 00025, holding that a party may not relitigate an issue of law that it lost in an earlier lawsuit, explaining: Defendant — who was also the defendant in Blackrock Balanced Capital Portfolio (FI) v... Read more »

Posted: January 17, 2021

Law of the Case Doctrine Applies to Actions Consolidated for Trial

On December 31, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Darabont v. AMC Network Entertainment LLC, 2020 NY Slip Op. 34342(U), holding that the law of the case doctrine applies to actions consolidated for trial, explaining: Defendants’ argument that the law of the case doctrine does not apply... Read more »

Posted: January 16, 2021

Res Judicata Bars Plaintiff From Relitigating Previously-Litigated Claims

On January 5, 2021, the First Department issued a decision in Bauhouse Group I, Inc. v. Kalikow, 2021 NY Slip Op. 00001, holding that res judicata barred a plaintiff from relitigating previously-litigated claims, explaining: The second order is subject to dismissal for many of the same reasons as the first order. Most fundamentally, however, the... Read more »

Posted: April 4, 2020

Decision in Derivative Action by Different Shareholder Has Res Judicata Effect on Later Suit by Different Shareholder

On March 18, 2020, the Second Department issued a decision in Noor v. Mahmood, 2020 NY Slip Op. 01921, holding that a decision in an earlier derivative action by a different shareholder had res judicata effect on a subsequent derivative action, explaining: The doctrine of res judicata bars the litigation of a claim if, in... Read more »

Posted: March 8, 2019

Claims Not Barred by Collateral Estoppel or Res Judicata Because They Had Not Matured When First Action Brought

On February 13, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Triantafillakis v. Madden, 2019 NY Slip Op. 30355(U), holding that the plaintiff’s claims were not barred by collateral estoppel or res judicata because the claims had not accrued when the first action was brought, explaining: Plaintiffs’ claims are not... Read more »

Posted: January 3, 2019

Rulings on Motion to Dismiss Were Not Binding Under Law of the Case Doctrine

On November 29, 2018, the Appellate Division of the New Jersey Superior Court issued a decision in Tully v. Mirz, Docket No. A-0241-17T1, explaining that a court’s holdings on a motion to dismiss were not binding under the law of the case doctrine, explaining: The law of the case doctrine provides that a legal decision... Read more »

Posted: November 12, 2018

Dismissal With Prejudice of Federal Securities Law Claims Does Not Bar Common Law Fraud Claims

On October 30, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Brown v. Cerebus Capital Mgt., L.P., 2018 NY Slip Op. 32782(U), holding that the prior dismissal with prejudice of federal securities law claims does not bar new common law fraud claims, explaining: In the first through eighth causes of... Read more »

Posted: October 31, 2018

Litigant Sanctioned for Seeking to Arbitrate Previously-Litigated Claims

On October 9, 2018, Justice Schecter issued a decision in Gladstein v. Keane, 2018 NY Slip Op. 32562(U), sanctioning a litigant for seeking to arbitrate previously-litigated claims, explaining: It is well settled that the right to arbitration may be modified, waived or abandoned. The question of whether parties waived their right to arbitrate by their litigation-related... Read more »

Posted: September 26, 2018

Action Not Barred by Entire Controversy Doctrine

On August 23, 2018, Judge DeAngelis of the Morris County Superior Court (Law Division) issued a decision in Maffei v. Apex Fund Services (US), Inc., Docket No. L-63-18, refusing to dismiss an action based on the entire controversy doctrine, explaining: Defendants argue that Plaintiffs’ Complaint in the present action violates the entire controversy doctrine and... Read more »

Posted: March 1, 2018

Court Of Appeals Holds That Res Judicata Effect Of Federal Judgment Extends To Unasserted Compulsory Counterclaims

On February 20, 2018, a divided Court of Appeals decided Paramount Pictures Corp. v. Allianz Risk Transfer AG, 2018 NY Slip Op 01150, affirming the First Department’s ruling that res judicata bars a party from asserting a claim in state court that constituted a compulsory counterclaim in a prior federal action. In the prior action,... Read more »