English v. United States Fidelity & Guaranty Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing that an affirmative defense “normally must be pled in a timely manner or it may be waived”
• noting that the Second Circuit has “previously upheld a district court's dismissal of a case on collateral estoppel grounds” where it was raised by the district court sua sponte
• explaining that the last factor slightly distinguishes state and federal collateral estoppel law
• noting that a plaintiff may prevail on an excessive force claim, even where he is accused of engaging in an initial act of aggression, “if he is able to show that [the officer] used more force than was necessary to subdue him”
• permitting consideration of collateral estoppel defense raised for first time in reply memorandum of summary judgment briefing, where district court had given plaintiff leave to file sur-reply
• “summary judgment based either on the merits or on qualified immunity requires that no dispute about material factual issues remain”

Source: CourtListener parenthetical corpus (CC0).