Legal Opinion
Duane Reade, Inc. v. St. Paul Fire & Marine Insurance
Court of Appeals for the Second Circuit
Decided March 31, 2010No. Docket No.[s]: 07-4141-cv(L), 07-4296-cv (XAP)PublishedCited by 92 opinions
1Opinion of the Court
HALL, Circuit Judge:
In this insurance dispute arising from the September 11, 2001 destruction of a drug store in the World Trade Center (“WTC”), Duane Reade, Inc. (“Duane Reade”) appeals from a judgment of the United States District Court for the Southern District of New York (Rakoff, J.) dismissing its complaint against its property insurer St. Paul Fire and Marine Insurance Company (“St. Paul”), on the basis of res judicata. The district court’s application of res judicata was proper because Duane Reade could have raised in its prior action the claims it raises here, but it did not.…
2Cases cited26 opinions
- Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
- Semtek International Inc. v. Lockheed Martin Corp.Supreme Court of the United States · 2001
- SCR Joint Venture L.P. v. WarshawskyCourt of Appeals for the Second Circuit · 2009
- Hugo Boss Fashions, Inc. & Hugo Boss Usa, Inc., Plaintiffs-Appellees-Cross-Appellants v. Federal Insurance Company, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 2001
- Duane Reade Inc., Plaintiff-Counter-Defendant-Appellee v. St. Paul Fire and Marine Insurance Company, Defendant-Counter-Claimant-AppellantCourt of Appeals for the Second Circuit · 2005
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3Cited by92 opinions
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- Hatch v. Trail King Industries, Inc.Court of Appeals for the First Circuit · 2012
- Joseph v. AthanasopoulosCourt of Appeals for the Second Circuit · 2011
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