Legal Opinion
In re Dunn
New York Court of Appeals
Decided February 24, 2015PublishedCited by 55 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
The issue presented by this appeal is whether collateral estoppel applies in respondent attorney’s disciplinary proceeding to bar her from challenging the findings of a United States magistrate judge made in the context of a sanctions motion. Under *701the circumstances presented here, we hold that respondent did not have a full and fair opportunity to litigate the issue of her alleged misconduct.
The underlying federal action is one that was commenced by the Securities and Exchange Commission (SEC) against, among others, David Smith and the investment services firm of McGinn,…
3Cases cited7 opinions
- Gilberg v. BarbieriNew York Court of Appeals · 1981
- In re LevyNew York Court of Appeals · 1975
- Auqui v. Seven Thirty One Ltd. PartnershipNew York Court of Appeals · 2013
- Securities & Exchange Commission v. SmithCourt of Appeals for the Second Circuit · 2013
- Securities and Exchange Commission v. WOJESKIDistrict Court, N.D. New York · 2010
2 more not listed; retrieve them via the Exa API.
4Cited by55 opinions
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- HSBC Bank USA, N.A. v. PantelAppellate Division of the Supreme Court of the State of New York · 2020
- Clifford v. County of RocklandAppellate Division of the Supreme Court of the State of New York · 2016
- Milione v. City University of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
- Emmons v. Broome CountyAppellate Division of the Supreme Court of the State of New York · 2020
50 more not listed; retrieve them via the Exa API.