Legal Opinion

Newman v. McKay

Superior Court of The Virgin Islands

Decided June 18, 2013No. Civil No. ST-12-CV-287PublishedCited by 4 opinions

1Opinion of the CourtCarroll, Judge

MEMORANDUM OPINION

(June 18, 2013)

THIS MATTER is before the Court on the Defendant’s Motion to Dismiss, filed June 25, 2012. Plaintiff Newman brings this action seeking a declaratory judgment and injunctive relief against Magistrate Smith and Judge Mackay1 of the Virgin Islands Superior Court. In effect, Newman wants to overturn the unfavorable ruling that Magistrate Smith issued against him in another case. Newman’s action is improper, contrary to established appellate procedure, and barred by the doctrine of collateral estoppel. Accordingly, the Court will grant the Defendant’s Motion to…

2Cases cited13 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Fowler v. UPMC SHADYSIDECourt of Appeals for the Third Circuit · 2009
  4. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  5. Montana v. United StatesSupreme Court of the United States · 1979

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3Cited by4 opinions

  1. Stewart v. Virgin Islands Board of Land Use AppealsSupreme Court of The Virgin Islands · 2017
  2. SBRMCOA, LLC v. Morehouse Real Estate Investments, LLCSuperior Court of The Virgin Islands · 2015
  3. Mary Moorhead v. Virgin Islands Board of Elections and Caroline Fawkes in Capacity as SupervisorSuperior Court of The Virgin Islands · 2026
  4. Titan Medical Group, LLC v. Virgin Islands Government Hospitals and Health Facilities CorporationDistrict Court, Virgin Islands · 2021

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