Legal Opinion
Buechel v. Bain
New York Court of Appeals
Decided December 20, 2001PublishedCited by 389 opinions
1Opinion of the Court
*299OPINION OF THE COURT
Smith, J.
The primary issue before this Court is whether parties should be precluded from relitigating the validity of fee arrangements determined to be illegal in an earlier action, when they were in privity with the person against whom the issue was decided. We conclude that collateral estoppel bars relitigation.
Plaintiffs, Frederick F. Buechel, an orthopedic doctor and Michael J. Pappas, a mechanical engineer, are the inventors of a prosthetic shoulder device called the floating center prosthetic joint. They retained the firm of Bain, Gilfillan & Rhodes, P. C. “to…
2Cases cited9 opinions
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- D'Arata v. New York Central Mutual Fire InsuranceNew York Court of Appeals · 1990
- Gilberg v. BarbieriNew York Court of Appeals · 1981
- Southwest Airlines Company v. Texas International Airlines, Inc. v. Texas Aeronautics Commission, Intervenor-AppelleeCourt of Appeals for the Fifth Circuit · 1977
- Green v. Santa Fe Industries, Inc.New York Court of Appeals · 1987
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3Cited by389 opinions
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- Liberty Mutual Insurance v. Lone Star Industries, Inc.Supreme Court of Connecticut · 2009
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