· 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 CourtListenerSourced 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.