· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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