Legal Opinion
Brodeur v. McNamee
District Court, N.D. New York
Decided March 14, 2003No. 3:02-CV-0823Published
1Opinion of the Court
MEMORANDUM-DECISION AND ORDER
MORDUE, District Judge.
INTRODUCTION
Defendants move to dismiss this contract action under Fed.R.Civ.P. 12(b)(1) on the ground that the claims before this Court are, in effect, a challenge to a state court judgment and are therefore barred by the Rooker-Feldman doctrine. For the reasons set forth below, the motion is denied.
COMPLAINT
In his complaint, filed June 21, 2002, plaintiff Dale R. Brodeur, Sr. (“Brodeur, Sr.”) alleges that defendants William Brodeur and Sean McNamee are or were shareholders, officers and/or employees of defendant Northeast Fabricators, LLC.…
2Cases cited14 opinions
- District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
- Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- Laura Kropelnicki, Plaintiff-Appellant-Cross-Appellee v. Hal Siegel, Linda Strumpf, Defendants-Appellees-Cross-AppellantsCourt of Appeals for the Second Circuit · 2002
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