In Re El San Juan Hotel Corporation, Debtor. Appeal of Marshall J. Kagan

How courts have described this case

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

• holding that trustee’s attorney was in privity with trustee, thus res judicata barred a subsequent action against attorney accused of facilitating a wrongdoing
• holding that the defendants were co-perpetrators of the harming act and shared a significant relationship, thus satisfying the privity requirement
• holding that res judicata did not bar similar claims against one co-defendant where factual allegations were distinct
• holding that res judicata did not bar similar claims against one co-defendant where factual allegations were distinct
• concluding there was a significant relationship where the original defendant and new defendant were co-perpetrators of the joint harms at issue in both cases
• noting that defendants who were not named in the earlier action may nevertheless invoke claim preclusion if they “have a close and significant relationship with the original defendants” such that they should have been joined in the earlier action

Source: CourtListener parenthetical corpus (CC0).