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· 1/11/2012

In re General Electric Co. Securities Litigation

Citations

  • 857 F. Supp. 2d 367
  • 2012 WL 90191
  • 2012 U.S. Dist. LEXIS 4023

How courts have described this case

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

  • finding that Noerr-Pennington does not apply to an FDCPA action
  • declining to abstain under Colorado River in case where plaintiff claimed defendants’ conduct in state debt-collection action violated the FDCPA because the actions were not parallel
  • declining to abstain under Colorado River in case where plaintiff claimed defendants’ conduct in state debt- collection action violated the FDCPA, on ground that actions were not parallel
  • a claim that defendants used allegedly deceptive means to induce the plaintiff to agree to a settlement is independent of the state court judgment enforcing the settlement
  • “Therefore, the only remaining question is whether the filing of such a time-barred complaint is a violation of the FDCPA. This Court joins others in concluding that it is.”
  • “New York, unlike the federal system, does not have a compulsory counterclaim rule, and, therefore, res judicata does not bar claims that could have been raised by the defendant as counterclaims in a previous action but were not actually raised.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Holwell

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.