Legal Opinion
Sure-Snap Corp. v. State Street Bank & Trust Co.
Court of Appeals for the Second Circuit
Decided November 7, 1991No. 387, Dockets 91-7607, 91-7611PublishedCited by 104 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Circuit Judge:
Restraining litigious plaintiffs from taking more than “one bite of the apple” has been our avowed purpose since the common law doctrine of res judicata first evolved. The question before us today is whether “having one’s day” in bankruptcy court precludes the bringing of lender liability claims against the debtor’s creditors in a separate, tort-based suit. The timeworn test of sameness of claims, based on transactional, factual, and evidentiary similarity, indicates these claims should have been brought in the original bankruptcy proceeding, as they were…
2Cases cited20 opinions
- Allen v. McCurrySupreme Court of the United States · 1980
- Commissioner v. SunnenSupreme Court of the United States · 1948
- Cromwell v. County of SacSupreme Court of the United States · 1877
- Stoll v. GottliebSupreme Court of the United States · 1938
- Oneida Motor Freight, Inc. v. United Jersey BankCourt of Appeals for the Third Circuit · 1988
15 more not listed; retrieve them via the Exa API.
3Cited by104 opinions
- Marvel Characters, Inc., Plaintiff-Counter-Defendant-Appellee v. Joseph H. Simon, Defendant-Counter-Claimant-AppellantCourt of Appeals for the Second Circuit · 2002
- Browning v. LevyCourt of Appeals for the Sixth Circuit · 2002
- Central Hudson Gas & Electric Corporation v. Empresa Naviera Santa S.A.Court of Appeals for the Second Circuit · 1995
- Leon v. MurphyCourt of Appeals for the Second Circuit · 1993
- In Re Erwin A. Porges, Also Known as E. Allen Porges, Debtor. Erwin A. Porges, Also Known as E. Allen Porges v. Gruntal & Company, IncorporatedCourt of Appeals for the Second Circuit · 1995
99 more not listed; retrieve them via the Exa API.