Filomena Peloro, AKA Filomena Delomo v. United States of America Federal Bureau of Investigation Richard W. Hill R.H. Research, Inc. Filomena Peloro

How courts have described this case

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

• concluding that the normal rules of collateral estoppel apply to decisions of bankruptcy courts and dismissing the claim on that basis
• explaining that issue preclusion “prevents parties from relitigating an issue that has already been actually litigated.”
• holding that bearer bonds were customer property that had been mailed to the debtor and held by the debtor but seized by the FBI both before they were allocated to any debtor account and the SIPA liquidation proceedings had begun
• finding that similarity of issues may be shown by the A-0556-17T1 13 substantial overlap of the evidence and arguments and the similarity of the claims in the two proceedings
• applying federal collateral estoppel law to determine the preclusive effect of a bankruptcy court judgment in a subsequent federal court action
• “A district court’s exercise of its equitable jurisdiction in a motion for return of property under Rule 41(g) is reviewed for abuse of discretion[.]”

Source: CourtListener parenthetical corpus (CC0).