Legal Opinion

Stein v. KPMG, LLP

Court of Appeals for the Second Circuit

Decided May 23, 2007No. Docket 06-4358-cvPublishedCited by 21 opinions

1Opinion of the Court

WINTER, Circuit Judge.

This appeal is an offspring of a criminal tax fraud prosecution. In the course of the criminal prosecution, Judge Kaplan asserted ancillary jurisdiction over a state law contract claim brought against KPMG, LLP, by sixteen of the defendants in the criminal case, all former partners and employees of KPMG, seeking to force it to pay their legal expenses. KPMG appeals from the decision allowing the ancillary proceeding and from the denial of its motion to compel arbitration of the contract claim. Construing KPMG’s appeal as a petition for writ of mandamus, we grant the…

2Cases cited17 opinions

  1. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  2. Mallard v. United States Dist. Court for Southern Dist. of IowaSupreme Court of the United States · 1989
  3. Cheney v. United States District Court for District of ColumbiaSupreme Court of the United States · 2004
  4. Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943
  5. Dr. Chester A. Wilk v. American Medical Association, the State of New York, InterveningCourt of Appeals for the Seventh Circuit · 1981

12 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Balintulo v. Daimler AGCourt of Appeals for the Second Circuit · 2013
  2. United States v. SteinCourt of Appeals for the Second Circuit · 2008
  3. United States v. MagassoubaCourt of Appeals for the Second Circuit · 2008
  4. Turi v. Main Street Adoption Services, LLPCourt of Appeals for the Sixth Circuit · 2011
  5. United States v. AfremovCourt of Appeals for the Eighth Circuit · 2010

16 more not listed; retrieve them via the Exa API.

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