Second Circuit 2005 Res Judicata Developments

Jay C. Carlisle

Pace University - School of Law


Quinnipiac Law Review, Vol. 24, 2006

During the 2005 survey year, federal courts in the Second Circuit decided a number of important res judicata matters. Several district courts applied the doctrines of claim preclusion and issue preclusion to administrative and arbitral determination. Several courts also expanded the "actually litigated" requirement for collateral estoppel and liberally applied the doctine of defensive claim preclusion for counterclaim. Finally, the United States Court of Appeals for the Second Circuit issued seven res judicata decisions. In one, Vargas v. City of New York the Second Circuit refined the standards for applying the Rooker-Feldman doctrine.This survey article will review some of the Second Circuit's significant res judicata decisions and will critique those giving preclusive effect to administrative and arbitral determinations.

Number of Pages in PDF File: 13

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Date posted: November 17, 2008  

Suggested Citation

Carlisle, Jay C., Second Circuit 2005 Res Judicata Developments (2006). Quinnipiac Law Review, Vol. 24, 2006. Available at SSRN: https://ssrn.com/abstract=1301144

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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