Legal Opinion
McCarter v. Mitcham
Court of Appeals for the Third Circuit
Decided August 16, 1989No. 88-3654PublishedCited by 62 opinions
1Opinion of the Court
OPINION OF THE COURT
BECKER, Circuit Judge.
This appeal from a judgment of the district court, dismissing on grounds of res judicata and the statute of limitations, a securities fraud suit, brought under the civil RICO statute and federal securities law, presents three interesting questions. First, we must determine whether a dismissal for failure to file a complaint within the time limit set by the state court constitutes a sanction and therefore a decision on the merits, in which case it is a basis for claim preclusion, or a dismissal for failure to prosecute, in which case it is not. Second,…
2Cases cited34 opinions
- Wilson v. GarciaSupreme Court of the United States · 1985
- Chevron Oil Co. v. HusonSupreme Court of the United States · 1971
- Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
- Marrese v. American Academy of Orthopaedic SurgeonsSupreme Court of the United States · 1985
- Saint Francis College v. Al-KhazrajiSupreme Court of the United States · 1987
29 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Tafflin v. LevittSupreme Court of the United States · 1990
- Hoxworth v. Blinder, Robinson & Co.Court of Appeals for the Third Circuit · 1990
- Margaret L. Johnston v. Hbo Film Management, Inc.Court of Appeals for the Third Circuit · 2001
- Olcott v. Delaware Flood Co.Court of Appeals for the Tenth Circuit · 1996
- Reshal Associates, Inc. v. Long Grove Trading Co.District Court, N.D. Illinois · 1990
57 more not listed; retrieve them via the Exa API.