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· 12/2/2008

Giannone v. York Tape & Label, Inc.

Citations

  • 548 F.3d 191
  • 28 I.E.R. Cas. (BNA) 775
  • 2008 U.S. App. LEXIS 24461
  • 2008 WL 5061808

How courts have described this case

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

  • explaining that claim preclusion bars claims that “were or could have been raised” in a prior action (emphasis added)
  • applying New York res judicata law to New York state court judgments
  • “[W]hen de- termining the effect of a state court judgment, federal courts . . . are required to apply the preclusion law of the rendering state.”
  • “Because Giannone’s State Action sought injunctive relief as well as a declaratory judgment, he may not avail himself of the ‘declaratory judgment exception’ to the doctrine of res judicata.”
  • “Under New York law, a final judgment on the merits of an action precludes the parties or their privies from relitigating issues that were or could have been raised in that action.” (internal citation omitted)
  • “When ‘determin[ing] the effect of a state court judgment, federal courts . . . are required to apply the preclusion law of the rendering state.’” (quoting Conopco, Inc. v. Roll Int’l, 231 F.3d 82, 87 (2d Cir. 2000)

Source: CourtListener parenthetical corpus (CC0).

Judges: Cabranes, Hall, Gleeson

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.