· 3/20/2006
Q International Courier, Incorporated v. Glenn Smoak Jack L. Wuerker Brendan Kennedy Dennis Cornelius Tim Gay & Associates, Pc
Citations
- 441 F.3d 214
- 2006 U.S. App. LEXIS 6835
- 2006 WL 689415
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, in determining preclusive effect of judgment in former case, a court should apply the res judicata law of the state where the federal district court sat in the first action
- holding that “the law that would be applied by state courts in the State in which the first diversity court sits determines the claim-preclusive effect of the judgment rendered in the first action” (cleaned up)
- holding that a federal court sitting in diversity must determine the preclusive effect of a prior judgment rendered by another federal court previously sitting in diversity by referring to the claim preclusion rules of the forum of the court in the first action
- finding Virginia's claim preclusion law was \not incompatible with any federal interest\ when state law would bar the plaintiff from relitigating a \common core of operative facts\
- identifying four inquiries courts generally consider in determining whether a counterclaim is compulsory
- “(2) whether res judicata would bar a subsequent suit on the counterclaim absent the compulsory counterclaim rule[.]”
Source: CourtListener parenthetical corpus (CC0).
Judges: Niemeyer, Williams, Shedd
Read full opinion on CourtListenerSourced 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.