29 Cited authorities

  1. Semtek International Inc. v. Lockheed Martin Corp.

    531 U.S. 497 (2001)   Cited 1,061 times   3 Legal Analyses
    Holding that the forum state's law on res judicata applies in a diversity action unless incompatible with federal interests
  2. In the Matter of Hunter

    4 N.Y.3d 260 (N.Y. 2005)   Cited 429 times
    Concluding that res judicata barred petitioner's claim against executor of estate where prior Surrogate's Court's decree had released executor from all further liability as to matters embraced in the decree, including petitioner's claim
  3. Harris v. Steinem

    571 F.2d 119 (2d Cir. 1978)   Cited 162 times
    Finding that a counterclaim for defamation based on the filing of the initial complaint is not a compulsory counterclaim despite common issues of law and fact
  4. Cnty. of Orange v. U.S. Dist. Court for the Cent. Dist. of Cal.

    784 F.3d 520 (9th Cir. 2015)   Cited 52 times   3 Legal Analyses
    Holding that "Erie [R. Co. v. Tompkins, 304 U.S. 64 (1938)]'s federalism principle requires federal courts sitting in diversity to import, as the federal rule, state law governing jury trial waivers where . . . state law is even more protective than federal law of the jury trial right"
  5. Modell Co. v. Minister

    68 N.Y.2d 456 (N.Y. 1986)   Cited 91 times
    Holding that "a party is not free to remain silent in an action in which he is the defendant and then bring a second action seeking relief inconsistent with the judgment in the first action by asserting what is simply a new legal theory"
  6. Mali v. Fed. Ins. Co.

    720 F.3d 387 (2d Cir. 2013)   Cited 34 times   2 Legal Analyses
    Finding that a permissive inference instruction is not a sanction but "simply an explanation to the jury of its fact-finding powers."
  7. Clawson v. GMAC Mortg., LLC

    CIVIL ACTION NO. 3:12-CV-00212 (S.D. Tex. May. 9, 2013)   Cited 32 times

    CIVIL ACTION NO. 3:12-CV-00212 05-09-2013 MARY BETH CLAWSON, et al, Plaintiffs, v. GMAC MORTGAGE, LLC F/K/A GMAC MORTGAGE CORPORATION, et al, Defendants. Gregg Costa MEMORANDUM AND ORDER This case arises out of the attempted foreclosure on Plaintiffs Mary Beth Clawson and John Riddle's home in Bacliff, Texas. Plaintiffs request a declaratory judgment stating that Defendants' attempted foreclosure on the property is barred by the applicable statute of limitations, the doctrine of res judicata, and

  8. Cefali v. Buffalo Brass Co., Inc.

    748 F. Supp. 1011 (W.D.N.Y. 1990)   Cited 47 times
    Holding that plaintiffs who settled their E.R.I.S.A. claims were a "prevailing party" under E.R.I.S.A. and entitled to a reasonable fee
  9. 67-25 Dartmouth Street Corp. v. Syllman

    29 A.D.3d 888 (N.Y. App. Div. 2006)   Cited 16 times

    2005-05274. May 23, 2006. In an action to recover attorneys' fees allegedly due pursuant to a proprietary lease, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Weiss, J.), dated May 3, 2005, as denied its motion for summary judgment and granted that branch of the defendant's motion which was for summary judgment dismissing the complaint, and the defendant cross-appeals from the same order. Richard Creditor, LLC, Forest Hills, N.Y., for

  10. Chrysler Corp. v. Fedders Corp.

    540 F. Supp. 706 (S.D.N.Y. 1982)   Cited 47 times
    Noting that cases in New York and Michigan (where special injury is also required) use "nonexclusive language when describing" what constitutes special injury, so that "the interference requirement can have some flexibility"
  11. Rule 13 - Counterclaim and Crossclaim

    Fed. R. Civ. P. 13   Cited 4,200 times   20 Legal Analyses
    Determining whether counterclaims are compulsory