Legal Opinion
Meagher, on Behalf of the Pension Plan of the Cement and Concrete Workers District Council Pension Fund v. Board of Trustees of the Pension Plan of the Cement & Concrete Workers District Pension Fund
District Court, S.D. New York
Decided May 25, 1995No. 94 Civ. 0426 (MJL)PublishedCited by 9 opinions
1Opinion of the Court
OPINION AND ORDER
LOWE, District Judge.
Before the Court is Defendants’ motion to dismiss the complaint, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, on the basis of res judicata and collateral estoppel. For the reasons stated below, Defendants’ motion is granted.
BACKGROUND
This is not the first suit Plaintiff has brought before this Court. In December 1989, Meagher commenced an action (“Action One”) against the Cement and Concrete Workers District Counsel [sic] Pension Fund and Welfare Fund (“Pension Fund”), claiming that the Pension Fund denied him certain pension…
2Cases cited27 opinions
- Allen v. McCurrySupreme Court of the United States · 1980
- Montana v. United StatesSupreme Court of the United States · 1979
- Commissioner v. SunnenSupreme Court of the United States · 1948
- Lawlor v. National Screen Service Corp.Supreme Court of the United States · 1955
- Bernhard v. Bank of America National Trust & Saving AssociationCalifornia Supreme Court · 1942
22 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hauschildt v. BeckinghamSupreme Court of Minnesota · 2004
- Carollo v. Cement & Concrete Workers District Council Pension PlanDistrict Court, E.D. New York · 1997
- Fonseca v. Columbia Gas Systems, Inc.District Court, W.D. New York · 1998
- Semler v. KlangDistrict Court, D. Minnesota · 2009
- Frulla v. CRA Holdings, Inc.District Court, D. Connecticut · 2009
4 more not listed; retrieve them via the Exa API.