Abstract

http://ssrn.com/abstract=1301132
 


 



Second Circuit 1999-2000 Res Judicata Developments


Jay C. Carlisle


Pace University - School of Law

2000


Abstract:     
During the 1999-2000 survey year the United States Court of Appeals for the Second Circuit has issued at least twenty-five res judicata decisions, expanding the doctrines of claim preclusion and issue preclusion. The court liberally applied claim preclusion but infrequently applied the more expansive doctrine of issue preclusion. Also, the Second Circuit released over fifty unpublished decisions that affect the rights of pro se litigants appearing before the court. These decisions demonstrate the court's immense respect for the doctrine of res judicata. Similarly, the decisions illustrate the extent to which the court relies on the doctrine to achieve finality, to prevent inconsistent judgments and to allocate judicial resources. This survey article will review some of the court's significant decisions and comment on future trends for application of the law of res judicata in the Second Circuit.

Number of Pages in PDF File: 14

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Date posted: November 17, 2008  

Suggested Citation

Carlisle, Jay C., Second Circuit 1999-2000 Res Judicata Developments (2000). Available at SSRN: http://ssrn.com/abstract=1301132 or http://dx.doi.org/10.2139/ssrn.1301132

Contact Information

Jay C. Carlisle (Contact Author)
Pace University - School of Law ( email )
78 North Broadway
White Plains, NY 10603
United States
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