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