6 New York opinions name it 3 courts 1982–2018 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Menzel v. Listgreen2 sentences2018Kirkpatrick & Co. v. Environmental Tectonics Corp., International , 493 U.S. 400, 404 (1990) (stating that the act of state doctrine should be applied where "adjudication would embarrass or hinder the executive in the realm of foreign relations"); see also Menzel v. List , 49 Misc 2d 300, 315 (Sup. Ct. NY Cty. 1966) (Klein, J.), modified , 28 AD2d 516 (1st Dep't, 1967), rev'd, 24 NY2d 91 (1969) (determining the Act of State Doctrine does not apply to cases involving Nazi looted art and deciding in the Plaintiff's favor; the Defendant appealed a ruling which pertained to a third-party complaint 2018Kirkpatrick & Co. v. Environmental Tectonics Corp., International , 493 U.S. 400, 404 (1990) (stating that the act of state doctrine should be applied where "adjudication would embarrass or hinder the executive in the realm of foreign relations"); see also Menzel v. List , 49 Misc 2d 300, 315 (Sup. Ct. NY Cty. 1966) (Klein, J.), modified , 28 AD2d 516 (1st Dep't, 1967), rev'd, 24 NY2d 91 (1969) (determining the Act of State Doctrine does not apply to cases involving Nazi looted art and deciding in the Plaintiff's favor; the Defendant appealed a ruling which pertained to a third-party complaint | 1 | 1 |
W. S. Kirkpatrick & Co. v. Environmental Tectonics Corp., Internationalgreen2 sentences2018Kirkpatrick & Co. v. Environmental Tectonics Corp., International , 493 U.S. 400, 404 (1990) (stating that the act of state doctrine should be applied where "adjudication would embarrass or hinder the executive in the realm of foreign relations"); see also Menzel v. List , 49 Misc 2d 300, 315 (Sup. Ct. NY Cty. 1966) (Klein, J.), modified , 28 AD2d 516 (1st Dep't, 1967), rev'd, 24 NY2d 91 (1969) (determining the Act of State Doctrine does not apply to cases involving Nazi looted art and deciding in the Plaintiff's favor; the Defendant appealed a ruling which pertained to a third-party complaint 2018Kirkpatrick & Co. v. Environmental Tectonics Corp., International , 493 U.S. 400, 404 (1990) (stating that the act of state doctrine should be applied where "adjudication would embarrass or hinder the executive in the realm of foreign relations"); see also Menzel v. List , 49 Misc 2d 300, 315 (Sup. Ct. NY Cty. 1966) (Klein, J.), modified , 28 AD2d 516 (1st Dep't, 1967), rev'd, 24 NY2d 91 (1969) (determining the Act of State Doctrine does not apply to cases involving Nazi looted art and deciding in the Plaintiff's favor; the Defendant appealed a ruling which pertained to a third-party complaint | 1 | 1 |
Menzel v. Listgreen2 sentences2018Kirkpatrick & Co. v. Environmental Tectonics Corp., International , 493 U.S. 400, 404 (1990) (stating that the act of state doctrine should be applied where "adjudication would embarrass or hinder the executive in the realm of foreign relations"); see also Menzel v. List , 49 Misc 2d 300, 315 (Sup. Ct. NY Cty. 1966) (Klein, J.), modified , 28 AD2d 516 (1st Dep't, 1967), rev'd, 24 NY2d 91 (1969) (determining the Act of State Doctrine does not apply to cases involving Nazi looted art and deciding in the Plaintiff's favor; the Defendant appealed a ruling which pertained to a third-party complaint 2018Kirkpatrick & Co. v. Environmental Tectonics Corp., International , 493 U.S. 400, 404 (1990) (stating that the act of state doctrine should be applied where "adjudication would embarrass or hinder the executive in the realm of foreign relations"); see also Menzel v. List , 49 Misc 2d 300, 315 (Sup. Ct. NY Cty. 1966) (Klein, J.), modified , 28 AD2d 516 (1st Dep't, 1967), rev'd, 24 NY2d 91 (1969) (determining the Act of State Doctrine does not apply to cases involving Nazi looted art and deciding in the Plaintiff's favor; the Defendant appealed a ruling which pertained to a third-party complaint | 1 | 1 |
Raphael Bigio, Bahia Bigio, Ferial Salma Bigio and B. Bigio & Co. v. The Coca-Cola Company and the Coca-Cola Export Companygreen2 sentences2018Thereafter, courts have held the Act of State Doctrine "should not be invoked if the policies underlying the doctrine do not justify its application." See Bigio v. Coca-Cola Co. , 239 F.3d 440, 452 (2d Cir. 2000) citing W.S. 2018Thereafter, courts have held the Act of State Doctrine "should not be invoked if the policies underlying the doctrine do not justify its application." See Bigio v. Coca-Cola Co. , 239 F.3d 440, 452 (2d Cir. 2000) citing W.S. | 1 | 1 |
Menzel v. Listgreen2 sentences2018Kirkpatrick & Co. v. Environmental Tectonics Corp., International , 493 U.S. 400, 404 (1990) (stating that the act of state doctrine should be applied where "adjudication would embarrass or hinder the executive in the realm of foreign relations"); see also Menzel v. List , 49 Misc 2d 300, 315 (Sup. Ct. NY Cty. 1966) (Klein, J.), modified , 28 AD2d 516 (1st Dep't, 1967), rev'd, 24 NY2d 91 (1969) (determining the Act of State Doctrine does not apply to cases involving Nazi looted art and deciding in the Plaintiff's favor; the Defendant appealed a ruling which pertained to a third-party complaint 2018Kirkpatrick & Co. v. Environmental Tectonics Corp., International , 493 U.S. 400, 404 (1990) (stating that the act of state doctrine should be applied where "adjudication would embarrass or hinder the executive in the realm of foreign relations"); see also Menzel v. List , 49 Misc 2d 300, 315 (Sup. Ct. NY Cty. 1966) (Klein, J.), modified , 28 AD2d 516 (1st Dep't, 1967), rev'd, 24 NY2d 91 (1969) (determining the Act of State Doctrine does not apply to cases involving Nazi looted art and deciding in the Plaintiff's favor; the Defendant appealed a ruling which pertained to a third-party complaint | 1 | 1 |
Festinger v. Edrichgreen1 sentence2015The policies underlying the doctrine of judicial estoppel are to prevent a party from misleading the court and to preserve the integrity of the judicial process (see Festinger v Edrich, 32 AD3d 412, 413 [2006] [“the application of the doctrine also was essential to avoid a fraud upon the court and a mockery of the truth-seeking function”]; Bates v Long Is. | 1 | 1 |
Metropolitan Transportation Authority v. Bruken Realty Corp.green1 sentence1995Auth. v Bruken Realty Corp., supra, at 166). | 1 | 1 |
Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundationgreen1 sentence1990This result, we note, furthers the policies underlying the doctrine of collateral estoppel of avoiding relitigation on a decided issue and the possibility of an incongruous result (see, Gramatan Home Investors Corp. v Lopez, 46 NY2d 481, 485 , supra; see generally, Blonder-Tongue v University Found., 402 US 313, 349 ; Thau, op. cit., 70 Geo U, at 1099-1104) and is consistent with analogous cases in other jurisdictions (see, Safeco Ins. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Fong Foo v. United States
green
1 sentence1990The policies underlying this rule are so cherished that even an acquittal "based upon an egregiously erroneous foundation” bars subsequent fact-finding proceedings (Fong Foo v United States, 369 US, at 143 , supra). | 1 | 1990–1990 |
Safeco Ins. Co. of America v. Yon
green
1 sentence1990Co. v Yon, 796 P2d 1040 [Idaho Ct of App 1990]; New Jersey Mfrs. | 1 | 1990–1990 |
Gramatan Home Investors Corp. v. Lopez
green
1 sentence1990This result, we note, furthers the policies underlying the doctrine of collateral estoppel of avoiding relitigation on a decided issue and the possibility of an incongruous result (see, Gramatan Home Investors Corp. v Lopez, 46 NY2d 481, 485 , supra; see generally, Blonder-Tongue v University Found., 402 US 313, 349 ; Thau, op. cit., 70 Geo U, at 1099-1104) and is consistent with analogous cases in other jurisdictions (see, Safeco Ins. | 1 | 1990–1990 |
People v. Rivera
green
1 sentence1982In People v Rivera ( 14 NY2d 441, 445 ), this court recognized that “the evidence needed to make the inquiry is not of the same degree or conclusiveness as that required for an arrest.” This recognition was expressly based on the grounds that “[t]he business of the police is to prevent crime if they can. | 1 | 1982–1982 |
People v. De Bour
green
1 sentence1982(Pe ople v De Bour, supra, at p 223 .) To require reasonable suspicion would not only contradict the principles espoused in People v De Bour, but would defy com mon sense as well. 1 The policies underlying this principle are deeply rooted in the opinions of this court, as well as those of the United States Supreme Court. | 1 | 1982–1982 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.