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· 7/31/2008

Mullarkey v. Tamboer

Citations

  • 536 F.3d 215
  • 2008 U.S. App. LEXIS 16238
  • 2008 WL 2924743

How courts have described this case

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

  • providing that a motion to dismiss pursuant to Bankruptcy Rule 7012 is governed by standard plausibility requirements
  • explaining that res judicata bars claims that were brought, or could have been brought, in a previous action
  • explaining that the doctrine of res judicata, also known as claim preclusion, bars claims that were brought or could have been brought in a previous action
  • noting that the entire controversy doctrine requires a party to bring all related claims in a single action “against a particular adversary or be precluded from bringing a second action based on the omitted claims against that party”
  • explaining res judicata bars claims brought in prior action and claims that “could have been brought”
  • explaining that res judicata bars claims that were, or could have been, brought where: (1) a final judgment on the merits was entered in a prior suit; (2) involving the same parties or their privies; (3) and the subsequent action is based on the same cause of action

Source: CourtListener parenthetical corpus (CC0).

Judges: Sloviter, Smith, Diamond

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.