Legal Opinion
Empire Fire and Marine Insurance Company v. J. Transport, Inc., Third-Party v. Paxton National Insurance Company, Third-Party
Court of Appeals for the Third Circuit
Decided August 21, 1989No. 88-8434PublishedCited by 40 opinions
1Opinion of the Court
MORGAN, Senior Circuit Judge:
The application of the doctrine of res judicata to declaratory judgment actions is at issue in this case. We conclude that the district court erroneously applied the rules of res judicata. Accordingly, we reverse and remand the case to the district court.
This diversity action is the aftermath of a personal injury action originally filed in the United States District Court for the Eastern District of Kentucky. J. Transport, Inc. (“J. Transport”) is a Georgia motor contract carrier. On July 8, 1982, one of J. Transport’s drivers was involved in a collision in…
2Cases cited12 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
- Trans World Airlines, Inc. v. ThurstonSupreme Court of the United States · 1985
- Public Affairs Associates, Inc. v. RickoverSupreme Court of the United States · 1962
- Kaspar Wire Works, Inc. v. Leco Engineering and MacHine Inc.Court of Appeals for the Fifth Circuit · 1978
7 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Paramount Aviation Corporation v. Gruppo Agusta Agusta Aerospace Corporation Costruzioni Aeronautiche Giovanni, Augusta, S.P.A. Augusta, S.P.ACourt of Appeals for the Third Circuit · 1999
- Andrew Robinson International, Inc. v. Hartford Fire InsuranceCourt of Appeals for the First Circuit · 2008
- Citibank, N.A. v. Data Lease Financial Corp.Court of Appeals for the Eleventh Circuit · 1990
- Gonzalez v. Moffitt (In Re Moffitt)Bankruptcy Appellate Panel of the Sixth Circuit · 2000
- REGIONS FINANCIAL CORP. v. Marsh USA, Inc.Court of Appeals of Tennessee · 2009
35 more not listed; retrieve them via the Exa API.