green
Positive treatment
4.3 score
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993
2009
2026
Top citers, strongest first. 14 distinct citers.
How cited ↗
discussed
Cited "see"
Vasile v. Dean Witter Reynolds Inc.
Other decisions often collapse the various criteria by emphasizing that the crucial element underlying all of these standards is the factual predicate of the several claims asserted, “[f]or it is the facts surrounding the transaction or occurrence which operate to constitute the cause of action, not the legal theory upon which a litigant relies.” Saud v. Bank of New York, 929 F.2d 916, 919 (2d Cir.1991) (quoting Expert Elec., Inc. v. Levine, 554 F.2d 1227 ,1234 (2d Cir.), cert. denied, 434 U.S. 903 , 98 S.Ct. 300 , 54 L.Ed.2d 190 (1977)); accord Woods v. Dunlop Tire Corp., 972 F.2d 36, 39 …
discussed
Cited "see"
Ramirez v. Brooklyn Aids Task Force
For it is the facts surrounding the transaction or occurrence which operate to constitute the cause of action, not the legal theory upon which a litigant relies.” Expert Elec., Inc. v. Levine, 554 F.2d 1227, 1234 (2d Cir.), cert. denied, 434 U.S. 903 , 98 S.Ct. 300 , 54 L.Ed.2d 190 (1977); accord Woods v. Dunlop Tire Corp., 972 F.2d 36, 39 (2d Cir.1992), cert. denied, 506 U.S. 1053 , 113 S.Ct. 977 , 122 L.Ed.2d 131 (1993); Norman v. Niagara Mohawk Power Corp., 873 F.2d 634, 638 (2d Cir.1989) (res judicata applies to claims arising “from a ‘single core of operative facts’ ”) (citation…
discussed
Cited "see"
Allen v. Westpoint-Pepperell, Inc.
See Defendants’ Trial Memorandum at 1-4 (citing Woods v. Dunlop Tire Corp., 972 F.2d 36, 38 (2d Cir.1992) (doctrine of claim preclusion bars all attempts to litigate issues that were or could have been litigated at a prior proceeding), cert. denied, 506 U.S. 1053 , 113 S.Ct. 977 , 122 L.Ed.2d 131 (1993)).
discussed
Cited "see"
Allen v. WestPoint-Pepperell, Inc.
See Defendants’ Trial Memorandum at 1 — 4 (citing Woods v. Dunlop Tire Corp., 972 F.2d 36, 38 (2d Cir.1992) (doctrine of claim preclusion bars all attempts to litigate issues that were or could have been litigated at a prior proceeding), cert. denied, 506 U.S. 1053 , 113 S.Ct. 977 , 122 L.Ed.2d 131 (1993)).
discussed
Cited "see"
Pinaud v. County of Suffolk
Accord Snelling v. Westhoff, 972 F.2d 199, 200 (8th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 977 , 122 L.Ed.2d 132 (1993); Ashelman v. Pope, 793 F.2d 1072, 1077-79 (9th Cir.1986) (“Allegations of conspiracy between judge and prosecutor ... are insufficient to overcome [their] immunities.”); see also Dorman v. Higgins, 821 F.2d 133, 139 (2d Cir.1987) (“[S]ince absolute immunity spares the official any scrutiny of his motives, an allegation that an act was done pursuant to a conspiracy has no greater effect than an allegation that it was done in bad faith or with malice, neither of w…
discussed
Cited "see"
Pinaud v. County Of Suffolk
Accord Snelling v. Westhoff, 972 F.2d 199, 200 (8th Cir.1992), cert. denied, --- U.S. ----, 113 S.Ct. 977 , 122 L.Ed.2d 132 (1993); Ashelman v. Pope, 793 F.2d 1072, 1077-79 (9th Cir.1986) ("Allegations of conspiracy between judge and prosecutor ... are insufficient to overcome [their] immunities."); see also Dorman v. Higgins, 821 F.2d 133, 139 (2d Cir.1987) ("[S]ince absolute immunity spares the official any scrutiny of his motives, an allegation that an act was done pursuant to a conspiracy has no greater effect than an allegation that it was done in bad faith or with malice, neither of whic…
discussed
Cited "see"
Nancy Williams, Richard Williams, Larry James v. City of Little Rock, Barry Burke, Roy Settoon, Billy Tucker, Tracy Roark, Barbara Hyatt
See Snelling v. Westhoff, 972 F.2d 199, 200 (8th Cir. 1992) (per curiam), cert. denied, 113 S. Ct. 977 (1993). 7 Plaintiffs alleged that a search was conducted on April 22 without a valid warrant and that Nancy Williams was unconstitutionally arrested pursuant to a deficient arrest warrant for contempt of court for refusing to allow the search.
discussed
Cited "see"
In Re Klus
See Woods v. Dunlop Tire Corp., 972 F.2d 36, 39 (2d Cir.1992), cert. denied, -U.S. -, 113 S.Ct. 977 , 122 L.Ed.2d 131 (1993) (identity of facts, not legal theories, determines sameness of causes of action).
discussed
Cited "see"
Chandler v. United States
Vitaline Corp. v. General Mills, Inc., 891 F.2d 273, 275 (Fed.Cir.1989) (citing Young Eng’rs, Inc. v. United States, 721 F.2d 1305, 1314 (Fed.Cir.1983)); see Woods v. Dunlop Tire Corp., 972 F.2d 36 (2d Cir.1992), cert. denied, — U.S. —, 113 S.Ct. 977 , 122 L.Ed.2d 131 (1993) (holding that employee’s claim alleging discharge in violation of collective bargaining agreement precluded subsequent action under Title VII for the same discharge), Vitaline, 891 F.2d 273 (holding that prior action alleging fraud in obtaining trademark precluded subsequent action seeking cancellation of competito…
cited
Cited "see"
National Paint & Coatings Ass'n v. City of Chicago
See Government Suppliers Consolidating Serv. v. Bayh, 975 F.2d 1267 , 1274 (7th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 977 , 122 L.Ed.2d 131 (1993).
discussed
Cited "see, e.g."
Overview Books, LLC v. United States
See also Woods v. Dunlop Tire Corp., 972 F.2d 36, 39 (2d Cir.1992) (“It is this identity of facts surrounding the occurrence which constitutes the cause of action, not the legal theory upon which [plaintiffs] chose to frame [their] complaint.”), cert. denied, 506 U.S. 1053 , 113 S.Ct. 977 , 122 L.Ed.2d 131 (1993); Berlitz Schs. of Languages of Am., Inc. v. Everest House, 619 F.2d 211 , 215 (2d Cir.1980) (“[W]hatever legal theory is advanced, when the factual predicate upon which claims are based are substantially identical, the claims are deemed to be duplicative for purposes of res judi…
discussed
Cited "see, e.g."
In Re Red Dot Scenic, Inc.
See, e.g., Woods v. Dunlop Tire Corp., 972 F.2d 36, 38-9 (2d Cir.1992), ce rt. denied, 506 U.S. 1053 , 113 S.Ct. 977 , 122 L.Ed.2d 131 (1993); 18 Moore’s Federal Practice 3d, § 121.20[2] at 131— 43-5 (preclusive effect of prior judgment depends on whether the same transaction or connected series of transactions is at issue in later litigation). 9 Conclusion For the foregoing reasons, the Trustee’s claim objection is granted and Carroll’s claim is disallowed; provided that if Carroll has previously satisfied the judgment, with interest, in the adversary proceeding, section 502(d) of th…
discussed
Cited "see, e.g."
Walker v. Envirotest Systems, Inc.
The Court acknowledged the unfairness of its decision on the plaintiff, 3 but held that the crucial factor was that she had chosen to submit her case to the state courts for review. 4 Id.; see also Woods v. Dunlop Tire Corp., 972 F.2d 36, 38-40 (2d Cir.1992) (holding that plaintiffs Title VII claim was barred by res judicata based upon plaintiffs bringing a prior federal action under the Labor Management Relations Act, even though plaintiff had not obtained a right-to-sue letter from the EEOC at the time the LMRA action was commenced), cert. denied, 506 U.S. 1053 , 113 S.Ct. 977 , 122 L.Ed.2d …
discussed
Cited "see, e.g."
American Trucking Ass'n v. Secretary of Administration
See, e.g., Government Suppliers Consolidating Servs., Inc. v. Bayh, 975 F.2d 1267 , 1281 (7th Cir. 1992), cert. denied, 113 S. Ct. 977 (1993) ($100 biannual fee imposed by Indiana for identification stickers indicating registration to transport municipal waste); Commonwealth v. American Trucking Ass’ns, 746 S.W.2d 65, 67 (Ky. 1988) (annual “Supplemental Highway Users” tax); Black Beauty Trucking, Inc. v. Indiana Dep’t of State Revenue, 527 N.E.2d 1163, 1165 (Ind. Tax Ct. 1988) ($50-per-truck “Supplemental Highway User” fee); American Trucking Ass’ns v. Secretary of State, 595 A.2…
Retrieving the full opinion text from the archive…
Fernandez
v.
Scully, Warden
v.
Scully, Warden
No. 92-820.
Supreme Court of the United States.
Jan 11, 1993.
Published
C. A. 2d Cir. Certiorari denied.