34 Cited authorities

  1. Ashe v. Swenson

    397 U.S. 436 (1970)   Cited 3,523 times   12 Legal Analyses
    Holding that the Double Jeopardy Clause prevents a defendant acquitted of robbing one participant at a poker game from being prosecuted for robbing any of the other participants at the same game
  2. Cunningham v. Hamilton County

    527 U.S. 198 (1999)   Cited 415 times   2 Legal Analyses
    Holding that a sanctions order imposed solely on an attorney is not immediately appealable
  3. Ryan v. New York Tel. Co.

    62 N.Y.2d 494 (N.Y. 1984)   Cited 1,610 times   1 Legal Analyses
    Holding that for an issue to be deemed identical “it must be the point actually to be determined in the second action or proceeding such that a different judgment in the second would destroy or impair rights or interests established by the first.”
  4. D'Arata v. N Y Cent. Fire Ins. Co.

    76 N.Y.2d 659 (N.Y. 1990)   Cited 611 times
    Holding that collateral estoppel is grounded on concepts of fairness and should not be rigidly or mechanically applied
  5. Schwartz v. Public Administrator

    24 N.Y.2d 65 (N.Y. 1969)   Cited 933 times
    Finding that mutuality is not required for collateral estoppel, as long as the party against whom the doctrine is invoked has had a full opportunity to litigate the issue
  6. Gilberg v. Barbieri

    53 N.Y.2d 285 (N.Y. 1981)   Cited 430 times
    Concluding conviction for petty offense of harassment did not preclude defendant from contesting merits of subsequent civil suit for assault where defendant did not have incentive to litigate thoroughly in prior action given the "minor" significance of the petty violation, the lack of a right to a jury trial, the lack of vigor typical of the defense of such violations, and the lack of any indication that the parties anticipated the determination would be used against defendant in later litigation
  7. Water Co. v. Fire Dist

    72 N.Y.2d 147 (N.Y. 1988)   Cited 199 times
    Finding collateral estoppel inapplicable where defendant was not a party to the earlier proceeding
  8. Interconnect Planning Corp. v. Feil

    774 F.2d 1132 (Fed. Cir. 1985)   Cited 174 times   1 Legal Analyses
    Holding "[t]he invention must be viewed not with the blueprint drawn by the inventor, but in the state of the art that existed at the time"
  9. Lummus Company v. Commonwealth Oil Refining Co.

    297 F.2d 80 (2d Cir. 1961)   Cited 260 times
    Finding that issue preclusion barred the relitigation of a court determination after a divorce that the marital home would be sold by a trustee rather than subject to partition
  10. Matter of McGrath v. Gold

    36 N.Y.2d 406 (N.Y. 1975)   Cited 150 times
    Holding that "there was not the requisite finality [to invoke collateral estoppel] since the dismissal would not bar a trial based on a subsequent accusatory instrument charging the identical offenses"
  11. Section 1291 - Final decisions of district courts

    28 U.S.C. § 1291   Cited 88,608 times   138 Legal Analyses
    Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"
  12. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 35,665 times   139 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney
  13. Section 1927 - Counsel's liability for excessive costs

    28 U.S.C. § 1927   Cited 8,820 times   81 Legal Analyses
    Granting courts the power to charge "excess costs, expenses, and attorneys' fees reasonably incurred" due to "unreasonabl[e] and vexatious" conduct
  14. Section 806.5 - Staff of the Attorney Grievance Committee for the Third Judicial Department

    N.Y. Comp. Codes R. & Regs. tit. 22 § 806.5   Cited 71 times

    (a)Appointment of the chief attorney and staff. The court shall appoint a chief attorney of the Attorney Grievance Committee. The court, in consultation with the chief attorney, shall appoint such professional staff and such supporting staff to the committee as shall be necessary and as may be provided for in the Unified Court System budget. (b)Duties of the chief attorney. (1) The chief attorney, in accord with Uniform Rules for Attorney Disciplinary Matters (Part 1240 of this Title), shall review