Legal Opinion
Donald M. Israel Mark R. Taylor v. Daniel E. Carpenter Benefit Concepts New York, Inc. Voluntary Benefit Systems, Inc.
Court of Appeals for the Second Circuit
Decided August 11, 1997No. 1634, Docket 96-9480PublishedCited by 19 opinions
1Opinion of the Court
JACOBS, Circuit Judge:
This appeal raises a question under Massachusetts law as to the scope and effect, for res judicata purposes, of a stipulation to dismiss “with prejudice” one of two lawsuits pending between the same parties based on essentially identical claims. Appellants Donald M. Israel and Mark R. Taylor (collectively “Israel”) have asserted the same breach of contract claims against appellee Daniel E. Carpenter in three separate lawsuits, in two jurisdictions. 1 The stipulation at issue dismissed the first of these actions, a Massachusetts state-court suit; but the parties took no…
2Cases cited8 opinions
- Migra v. Warren City School District Board of EducationSupreme Court of the United States · 1984
- Samuel Nemaizer, General Manager of the New York Coat, Suit, Dress, Rainwear and Allied Workers' Union I.L.G.W.U. v. Jack Baker, an IndividualCourt of Appeals for the Second Circuit · 1986
- Gerda Dorothea Deweerth v. Edith Marks Baldinger, Defendant-Third-Party-Plaintiff-Appellant, Wildenstein & Co., Inc., Third-Party-Defendant-AppellantCourt of Appeals for the Second Circuit · 1994
- Boston Edison Company v. Federal Energy Regulatory Commission, City of Holyoke Gas and Electric Department, IntervenorsCourt of Appeals for the First Circuit · 1988
- ITT Corp. v. LTX Corp.Court of Appeals for the First Circuit · 1991
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Roy William Harris v. United StatesCourt of Appeals for the Second Circuit · 2004
- Transaero, Inc. v. La Fuerza Aerea BolivianaCourt of Appeals for the Second Circuit · 1998
- Transaero, Inc. v. La Fuerza Aerea BolivianaCourt of Appeals for the Second Circuit · 1998
- Miele v. Pension Plan of New York State Teamsters Conference Pension & Retirement FundDistrict Court, E.D. New York · 1999
- Vega v. State University of New York Board of TrusteesDistrict Court, S.D. New York · 1999
14 more not listed; retrieve them via the Exa API.