Efrain Guerrero v. Cyrus Katzen, 774 F.2d 506 (D.C. Cir. 1985). · Go Syfert
Efrain Guerrero v. Cyrus Katzen, 774 F.2d 506 (D.C. Cir. 1985). Cases Citing This Book View Copy Cite
34 citation events (18 in the last 25 years) across 14 distinct courts.
Strongest positive: Estate of Johnson Ex Rel. Johnson v. Weber (sd, 2017-06-14)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Estate of Johnson Ex Rel. Johnson v. Weber
S.D. · 2017 · quote attribution · 1 verbatim quote · confidence high
although recent virginia law has not explicitly addressed this .issue, we note that newly discovered evidence normally does not prevent the application of res judicata.
cited Cited as authority (rule) Zegeye v. Wells Fargo Bank, N.A.
D.D.C. · 2026 · confidence medium
“Exceptions to this general principle occur when evidence is either fraudulently concealed or when it could not have been discovered with due diligence.” Guerrero v. Katzen, 774 F.2d 506, 508 (D.C.
cited Cited as authority (rule) Vahora v. Valley Diagnostic Laboratory Inc.
E.D. Cal. · 2020 · confidence medium
See Constantini, 681 F.2d at 1202–03; Eichman v. Fotomat Corp., 880 17 18 F.2d 149, 156 (9th Cir. 1989); Guerrero v. Katzen, 774 F.2d 506, 508 (D.C.
cited Cited as authority (rule) Bouchard v. Wohl Associates, Inc.
N.D.N.Y. · 2019 · confidence medium
Saabirah El v. City of New York, 300 F. App’x 103, 105 (2d Cir. 2008) (citing Saud v. Bank of New York, 929 F.2d 916, 920 (2d Cir. 1991) (citing Guerrero v. Katzen, 774 F.2d 506, 508 (D.C.
discussed Cited as authority (rule) Pierce v. Securities & Exchange Commission
D.C. Cir. · 2015 · confidence medium
United States v. Utah Constr. & Mining Co., 384 U.S. 394, 422 , 86 S.Ct. 1545 , 16 L.Ed.2d 642 (1966). “[N]ewly discovered evidence normally does not prevent the application of res judicata.” Guerrero v. Katzen, 774 F.2d 506, 508 (D.C.Cir.1985) (emphasis omitted).
discussed Cited as authority (rule) ['REMY ENTERPRISE GROUP LLC v. DAVIS']
D.D.C. · 2014 · confidence medium
Although this is an exception to the application of res judicata, it comes with a caveat: it only applies “when evidence [of the claims at issue] ... could not have been discovered with due diligence.” Id. (quoting Guerrero v. Katzen, 774 F.2d 506, 508 (D.C.Cir.1985)); see also Grausz v. Englander, 321 F.3d 467, 473-74 (4th Cir.2003) (noting res judicata does not apply when the plaintiff did not know and had no reason to know of claims during previous litigation).
discussed Cited as authority (rule) Jenson v. U.S. Office of Personnel Management
D.D.C. · 2011 · confidence medium
If he is alleging that newly discovered evidence should overcome the claim-preclusive effect of Brodowy , that argument is unavailing. “[N]ewly discovered evidence normally does not prevent the application of res judicata,” unless the evidence was “either fraudulently concealed or ... could not have been discovered with due dili *182 genee.” Guerrero v. Katzen, 774 F.2d 506, 508 (D.C.Cir.1985) (citations and internal quotation marks omitted).
discussed Cited as authority (rule) Theodore v. District of Columbia
D.D.C. · 2011 · confidence medium
Although Theodore argues that DPHR # 3 is not barred by res judicata because it included new evidence — the letters indicating A.G. had previously been diagnosed with ADHD in 2001 — “ ‘newly discovered evidence normally does not prevent the application of res judicata,’ unless the evidence was ‘either fraudulently concealed or when it could not have been discovered with due diligence.’ ” Guerrero v. Katzen, 774 F.2d 506, 508 (D.C.Cir.1985) (citing Dreyfus v. First Nat’l Bank of Chicago, 424 F.2d 1171, 1175 (7th Cir.1970); Costantini v. Trans World Airlines, 681 F.2d 1199, 120…
discussed Cited as authority (rule) Theodore v. District of Columbia
D.D.C. · 2011 · confidence medium
Although Theodore argues that DPHR #3 is not barred by res judicata because it included new evidence - - the letters indicating A.G. had previously been diagnosed with ADHD in 2001 - - "'newly discovered evidence normally does not prevent the application of res judicata,' unless the evidence was 'either fraudulently concealed or when it could not have been discovered with due diligence.'" Guerrero v. Katzen, 774 F.2d 506, 508 (D.C.
cited Cited as authority (rule) Saabirah El v. City of New York
2d Cir. · 2008 · confidence medium
Sand v. Bank of New York, 929 F.2d 916, 920 (2d Cir.1991) (citing Guerrero v. Katzen, 774 F.2d 506, 508 (D.C.Cir.1985)).
discussed Cited as authority (rule) Johnson v. Ashcroft
D.D.C. · 2006 · confidence medium
The plaintiff, however, argues that “[djespite the defendant’s literary puffery, plaintiff was not aware of the destruction of these documents until December 2003.” Pl.’s Opp’n at 20. “[Njewly discovered evidence normally does not prevent the application of res judicata,” unless the evidence was “either fraudulently concealed or when it could not have been discovered with due diligence.” Guerrero v. Katzen, 774 F.2d 506, 508 (D.C.Cir.1985) (citing Dreyfus v. First Nat’l Bank of Chicago, 424 F.2d 1171, 1175 (7th Cir.1970), cert. denied, 400 U.S. 832 , 91 S.Ct. 64 , 27 L.Ed.2…
discussed Cited as authority (rule) Saladino v. United States
Fed. Cl. · 2004 · confidence medium
See, e.g., Doe v. Allied-Signal, Inc., 985 F.2d 908, 914 (7th Cir.1993) (ruling, in part, that plaintiffs action against joint employer not barred by res judicata because plaintiff could not have known that defendant was joint employer until after plaintiff lost prior lawsuit); Stone v. Williams, 970 F.2d 1043, 1055 (2d Cir.1992) (ruling that new evidence that plaintiff was heir of decedent warranted relitigation); Guerrero v. Katzen, 774 F.2d 506, 508 (D.C.Cir.1985) (refusing to apply the exception when party could have sought rehearing or reopening of record in prior action).
cited Cited as authority (rule) Sidney Coal Co., Inc. v. Massanari
E.D. Ky. · 2002 · confidence medium
Inc., 198 F.3d 85, 88 (2nd Cir.1999); Doe v. Allied-Signal, Inc., 985 F.2d 908, 914 (7th Cir.1993); Guerrero v. Kaizen, 774 F.2d 506, 508 (D.C.Cir.1985).
discussed Cited as authority (rule) L-Tec Electronics Corporation v. Cougar Electronic Organization, Inc. Sol Mayer and Dan Reich, Individually and D/B/A Cougar Electronic Organization
2d Cir. · 1999 · confidence medium
Res judicata applies even where new claims are based on newly discovered evidence, unless “the evidence was either fraudulently concealed or it could not have been discovered with due diligence.” Saud v. Bank of New York, 929 F.2d 916, 920 (2d Cir.1991) (citing Guerrero v. Katzen, 774 F.2d 506, 508 (D.C.Cir.1985)).
cited Cited as authority (rule) Prof Frfgtr 3217 v. Metro WA Airp Auth
D.C. Cir. · 1998 · confidence medium
Kemp v. Miller, 186 S.E. 99, 103-04 (1936) (citations omitted) (cited in Guerrero v. Katzen, 774 F.2d 506, 508 (D.C.
discussed Cited as authority (rule) Metropolitan Washington Airports Authority Professional Firefighters Local 3217, International Association Of Firefighters, Afl-Cio-Clc, v. Metropolitan Washington Airports Authority
D.C. Cir. · 1998 · confidence medium
Kemp v. Miller, 166 Va. 661 , 186 S.E. 99, 103-04 (1936) (citations omitted) (cited in Guerrero v. Katzen, 774 F.2d 506, 508 (D.C.Cir.1985)) We note, however, that relitigation of the underlying facts may be barred under the doctrine of issue preclusion.
cited Cited as authority (rule) Metropolitan Washington Airports Authority Professional Firefighters Local 3217 v. Metropolitan Washington Airports Authority
D.C. Cir. · 1998 · confidence medium
Kemp v. Miller, 166 Va. 661 , 186 S.E. 99, 103-04 (1936) (citations omitted) (cited in Guerrero v. Katzen, 774 F.2d 506, 508 (D.C.Cir.1985)).
discussed Cited as authority (rule) Wallace v. Skadden, Arps, Slate, Meagher & Flom
D.C. · 1998 · confidence medium
D.C. 206, 208, 774 F.2d 506, 508 (1985) (citation omitted). “[A]n [e]xception[ ] to this general principle occur[s], [however], when evidence ... could not have been discovered with due diligence.” Id. (citing Costantini v. Trans World Airlines, 681 F.2d 1199, 1202-03 (9th Cir.), cert. denied, 459 U.S. 1087 , 103 S.Ct. 570 , 74 L.Ed.2d 932 (1982)).
cited Cited as authority (rule) Simpkins v. Snow
D.N.H. · 1996 · confidence medium
Fiumara, 746 F.2d at 92 ; see also Harnett v. Billman, 800 F.2d 1308, 1313 (4th Cir. 1986) cert, denied, 480 U.S. 932 (1987); Guerrero v. Katzen, 774 F.2d 506, 508 (D.C. 1985).
discussed Cited as authority (rule) Diginet, Incorporated v. Western Union Ats, Incorporated, Third-Party-Defendant-Appellant v. City of Chicago, Third-Party-Plaintiff-Appellee (2×)
3rd Cir. · 1992 · signal: cf. · confidence medium
Cooper, Federal Practice and Procedure § 4462, at p. 550 (1981); cf. Guerrero v. Katzen, 774 F.2d 506, 509 (D.C.Cir.1985).
cited Cited as authority (rule) Bin Saud v. Bank of New York
S.D.N.Y. · 1990 · confidence medium
Guerrero v. Katzen, 774 F.2d 506, 508 (D.C.Cir.1985).
cited Cited "see" Mishal Bin Saud v. The Bank of New York
2d Cir. · 1991 · signal: see · confidence high
See Guerrero v. Katzen, 774 F.2d 506, 508 (D.C.Cir.1985).
cited Cited "see, e.g." Borough of Lansdale v. PP & L, INC.
E.D. Pa. · 2006 · signal: see also · confidence medium
Org., Inc., 198 F.3d 85, 88 (2d Cir.1999) (quotations omitted); see also Guerrero v. Katzen, 774 F.2d 506, 508 (D.C.Cir.1985).
Retrieving the full opinion text from the archive…
Efrain GUERRERO, Et Al., Appellants,
v.
Cyrus KATZEN, Et Al.
84-5624.
Court of Appeals for the D.C. Circuit.
Oct 11, 1985.
774 F.2d 506
1985 U.S. App. LEXIS 21971
John McGinley, Jr. of the Bar of the Commonwealth of Virginia, pro hac vice by special leave of Court, with whom Andrew J. Serafín, Washington, D.C., was on brief, for appellants., Roslyn A. Mazer, Washington, D.C., with whom Seymour Glanzer, Washington, D.C., was on brief, for appellee, Katzen., Eric L. Lewis, Washington, D.C., of the Bar of the Appellate Division, Second District of New York, pro hac vice by special leave of Court, Earl C. Dudley, Jr., Washington, D.C., was on brief, James P. Davenport and Sally A. Regal, Washington, D.C., also entered appearances for appellee Prudential Ins. Co.
Wald, Edwards, Starr.
Cited by 25 opinions  |  Published
HARRY T. EDWARDS, Circuit Judge:

The present action is the fourth lawsuit to emerge from the disputes between former business partners Cyrus Katzen and Efrain and Jacqueline Guerrero concerning the construction of the Pan American Shopping Center in northern Virginia. The District Court held that the doctrine of res judicata precluded any further pursuit of the appellants’ claims and granted the ap-pellees’ motion for summary judgment. We affirm.

On June 8, 1978, the appellee, Dr. Kat-zen, filed a complaint in the Circuit Court of Fairfax County, Virginia, [1] alleging that Dr. Guerrero had unlawfully caused the dissolution of their business partnership. That court found that Dr. Guerrero had wrongfully dissolved the partnership and that Dr. Katzen had wrongfully failed to provide Dr. Guerrero with adequate access to the partnership books and records. The partnership was dissolved, and Dr. Katzen was appointed winding-up partner under the continuing supervision of the court. Dr. Guerrero was permitted to select a representative to monitor the partnership books and records.

In August 1979, Dr. Katzen sought the court’s approval of the sale of the shopping center to appellee, Prudential Insurance Company (“Prudential”). Dr. Guerrero opposed this motion, which was nonetheless granted, and twice moved for its reconsideration. In his first motion for reconsideration, Dr. Guerrero alleged that he had been prevented from examining the partnership books and records. He made a similar charge in his second motion for reconsideration on May 6,1980, and further asserted that the terms of the sale of the shopping center to Prudential were unfair and that Dr. Katzen had mismanaged the construction of the shopping center and thus wasted the asset. The Virginia court held that the sale contract with Prudential was valid, that Dr. Guerrero had received reasonable access to the books and records of the partnership in order to ascertain the value of the shopping center, and that Dr. Katzen had not wasted the asset or breached his fiduciary duty during the winding-up process. In November 1980, this order was appealed to the Supreme Court of Virginia which rejected the petition of appeal in June 1981.

The present ease was filed in the District Court for the District of Columbia Circuit on August 27, 1982. Dr. Guerrero sought damages from Dr. Katzen and Prudential for breach of fiduciary duty, breach of contract and conspiracy to defraud based on alleged concealment of partnership books and records, mismanagement of construction, and unfairness in the terms and[*508] nature of the sale of the shopping center to Prudential. The District Court held that these claims had been or could have been litigated in the Circuit Court of Fairfax County, and granted the appellees’ motion for summary judgment pursuant to an application of the doctrine of res judicata.

I.

“It is now settled that a federal court must give to a state-court judgment the same preclusive effect as would be given that judgment under the law of the State in which the judgment was rendered.” Migra v. Warren City School District Board of Education, 465 U.S. 75, 104 S.Ct. 892, 896, 79 L.Ed.2d 56 (1984). Thus, this court must look to the law of Virginia and ascertain what preclusive effect that law would give to the judgment of the Circuit Court of Fairfax County.

Under the doctrine of res judicata, or claim preclusion, a final judgment on the merits in a prior suit involving the same parties or their privies bars subsequent relitigation of the same cause of action. Judgment in a prior action is conclusive in the latter, “not only as to every question which was decided, but also as to every other matter which the parties might have litigated and had determined.” Kemp v. Miller, 166 Va. 661, 674, 186 S.E. 99, 103 (1936).

In applying the doctrine of res judicata, Virginia courts employ a fact-based approach in their definition of the term “cause of action.” A cause of action is “an assertion of particular legal rights which have arisen out of a definable factual transaction.” Bates v. Devers, 214 Va. 667, 672 n. 8, 202 S.E.2d 917, 921 n. 8 (1974). See also Bernau v. Nealon, 219 Va. 1039, 1042, 254 S.E.2d 82, 84 (1979); Cohen v. Power, 183 Va. 258, 261, 32 S.E.2d 64, 65 (1944). The factual underpinnings of the Guerreros’ claims in state court center on the events that took place during the winding-up of the parties’ business partnership. The claims in the present case arise from the identical “definable factual transaction.” Dr. Guerrero’s claims against Dr. Katzen were actually litigated in Virginia state court. The claims against Prudential have also been litigated or, at the very least, could have been litigated in the adjudication of the propriety of the sale. Thus, appellants’ present claims are barred.

II.

Appellants contend that the discovery of two pieces of relevant evidence after judgment was entered in the Virginia action precludes the application of res judicata. Although recent Virginia law has not explicitly addressed this issue, we note that newly discovered evidence normally does not prevent the application of res judicata. Dreyfus v. First National Bank of Chicago, 424 F.2d 1171, 1175 (7th Cir.), cert. denied, 400 U.S. 832, 91 S.Ct. 64, 27 L.Ed.2d 63 (1970). [2] Exceptions to this general principle occur when evidence is either fraudulently concealed or when it could not have been discovered with due diligence. Constantini v. Trans World Airlines, 681 F.2d 1199, 1202-03 (9th Cir.), cert. denied, 459 U.S. 1087, 103 S.Ct. 570, 74 L.Ed.2d 932 (1982). We find no support in the record for the application of either exception. In particular, it is noteworthy that Dr. Guerrero concedes that he was aware of this alleged new evidence prior to the final dismissal of his appeal from the judgment of the Circuit Court of Fairfax County. Yet, he never sought a rehearing or a reopening of the record in that action. Clearly, Dr. Guerrero could have litigated the significance of his alleged newly discovered evidence in state court and, therefore, he may not raise it here.

[*509] III.

A successor to an interest in property is in privity with its prior owner and may rely on a previous judgment regarding that interest. Spiker v. Capitol Milk Producers Co-op, Inc., 577 F.Supp. 416, 418 (W.D.Va.1983) (applying Virginia law); Kesler v. Fentress, 223 Va. 14, 17, 286 S.E.2d 156, 157 (1982). As the purchaser of the shopping center, appellee Prudential is in privity with Dr. Katzen and is entitled to rely on the Virginia court’s determination as to the fairness of the sale. In addition, we note again that the claims against Prudential could have been raised in Dr. Guerrero’s challenge to the propriety of the sale of the shopping center and are also precluded on this ground.

IV.

Finally, counsel for Dr. Guerrero revealed at oral argument that the parties have continued to litigate this matter in the Circuit Court of Fairfax County, contesting the final accounting of their ill-fated partnership. Intending no encouragement for this course of action, we would simply note that Dr. Guerrero’s claims of fraud based on newly discovered evidence would more properly have been raised in the state court forum rather than by filing a separate lawsuit in federal court.

For all of the foregoing reasons, we conclude that the District Court properly granted summary judgment to the appel-lees in this action. We therefore affirm.

So ordered.

1

. Katzen v. Guerrero, Chancery No. 57929, Circuit Court of Fairfax County, Virginia. In addition to the present case, the appellants filed Guerrero v. Katzen, No. 78-783-A (E.D.Va.1978) and Guerrero v. Katzen, Chancery No. 62813, Circuit Court of Fairfax County, Virginia. These actions were dismissed on March 2, 1979 and September 4, 1979, respectively.

2

. See also Croatan Books, Inc. v. Baliles, 583 F.Supp. 857, 861 (E.D.Va.1984); Davis v. Towe, 379 F.Supp. 536, 537 (E.D.Va.), aff'd, 526 F.2d 588 (4th Cir.1975).

In Diamond State Iron Co. v. Alex K. Rarig Co., 93 Va. 595, 604, 25 S.E. 894, 897 (1896), the court held that the doctrine of res judicata precluded the complainants from raising in a second suit a matter which "could have been known to them by the exercise of ordinary diligence” during the initial suit.