Legal Opinion

United States v. Schurkman

Court of Appeals for the Second Circuit

Decided August 27, 2013No. 12-3079-cvPublishedCited by 18 opinions

1Opinion of the Court

HALL, Circuit Judge:

This appeal presents the issue of whether a district court, under the All Writs Act, 28 U.S.C. § 1651(a), and the Anti-Injunction Act, 22 U.S.C. § 2283, has the authority to enjoin a party from litigating in state court issues arising out of a consent decree which settled a civil action brought against the party in federal court by the United States. Appellant Joseph S. Manne settled an environmental enforcement action brought against him by the United States through a consent decree providing,. inter alia, that Manne would pay the government an amount equal to the fair…

2Cases cited9 opinions

  1. Atlantic Coast Line Railroad v. Brotherhood of Locomotive EngineersSupreme Court of the United States · 1970
  2. Kline v. Burke Construction Co.Supreme Court of the United States · 1922
  3. Smith v. Bayer Corp.Supreme Court of the United States · 2011
  4. Vendo Co. v. Lektro-Vend Corp.Supreme Court of the United States · 1977
  5. Toucey v. New York Life InsuranceSupreme Court of the United States · 1941

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3Cited by18 opinions

  1. Citigroup, Inc. v. Abu Dhabi Investment AuthorityCourt of Appeals for the Second Circuit · 2015
  2. State Farm Mut. Auto. Ins. Co. v. ParisienDistrict Court, E.D. New York · 2018
  3. Levin v. HSBC Bank, N.A.District Court, E.D. New York · 2015
  4. American Transit Insurance Company v. PierreDistrict Court, E.D. New York · 2024
  5. Bradley v. Superior Court of New HavenDistrict Court, D. Connecticut · 2022

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