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

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 »

Posted: January 12, 2018

Malpractice Claims Barred by Collateral Estoppel Based on Earlier Action Against Co-Counsel

On January 11, 2018, the First Department issued a decision in Guidance Endodontics, LLC v. Olshan Grundman, Frome Rosensweig & Wolosky, LLP, 2018 NY Slip Op. 00240, dismissing malpractice claims based on collateral estoppel, explaining: Plaintiff’s claims in this legal malpractice action are barred by the doctrine of collateral estoppel. There is an identity of… Read more »

Posted: April 22, 2017

Collateral Estoppel Does Not Bar Claims Regarding Painting’s Ownership

On April 18, 2017, the First Department issued a decision in Reif v. Nagy, 2017 NY Slip Op. 02920, holding that collateral estoppel did not bar claims regarding a painting’s ownership, explaining: In 2005, David Bakalar, a Massachusetts industrialist turned sculptor, brought suit against the heirs of Grunbaum seeking, inter alia, a declaration that he… Read more »

Posted: March 9, 2017

Prior Judgment From English Court Barred New Suit in New York

On February 28, 2017, the First Department issued a decision in Sebastian Holdings, Inc. v. Deutsche Bank, AG, 2017 NY Slip Op. 01518, affirming the dismissal of an action in New York based on an earlier English judgment, explaining: The claims in this action are the subject of a prior final judgment of an English… Read more »

Posted: February 11, 2017

Dismissal for Lack of Standing Does Not Have Res Judicata Effect on Merits

On January 30, 2017, Justice Singh of the New York County Commercial Division issued a decision in Paf-Par LLC v. Silberberg, 2017 NY Slip Op. 30205(U), holding that dismissal for lack of standing did not have res judicata effect on the merits, explaining: Plaintiff’s action is not barred by res judicata based on the decision… Read more »

Posted: December 18, 2016

Default Judgment Based on Refusal to Provide Discovery Has Collateral Estoppel Effect

On December 13, 2016, the First Department issued a decision in Metro Foundation Contractors, Inc. v. Marco Martelli Associates, Inc., 2016 NY Slip Op. 08329, holding that a default judgment issued as a discovery sanction had collateral estoppel effect, explaining: The court correctly dismissed the breach of contract causes of action as barred by the… Read more »

Posted: December 1, 2016

Court of Appeals Grants Leave to Appeal in Case Regarding Application of Res Judicata to Unasserted Compulsory Counterclaims in Prior Federal Action

On November 22, 2016, the Court of Appeals granted leave to appeal in Paramount Pictures Corp. v. Allianz Risk Transfer AG. The First Department’s decision, which we blogged about here, held that a claim that should have been, but was not, brought as a compulsory counterclaim in a federal court action was barred by the… Read more »