Legal Opinion

Deborah W. Kane and Andrew Kane v. Magna Mixer Company and Paul L. Kramer

Court of Appeals for the Sixth Circuit

Decided December 7, 1995No. 94-4001PublishedCited by 167 opinions

1Opinion of the Court

JOINER, District Judge.

Plaintiff Deborah Kane suffered an on-the-job injury while operating equipment manufactured decades ago by a company that since has ceased manufacturing operations. This case represents Kane’s second attempt to prosecute a viable cause of action against a collectible defendant. Not surprisingly, defenses of res judicata, collateral estoppel and waiver were asserted, and the district court was persuaded that res judicata barred this action. We affirm, although not entirely for the reasons stated by the district court. In doing so, we decide an issue of first impression…

2Cases cited13 opinions

  1. Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
  2. Lawlor v. National Screen Service Corp.Supreme Court of the United States · 1955
  3. Sanders Confectionery Products, Inc. v. Heller Financial, Inc.Court of Appeals for the Sixth Circuit · 1992
  4. Black v. Ryder/P.I.E. Nationwide, Inc.Court of Appeals for the Sixth Circuit · 1994
  5. Harbor Insurance Company v. Continental Bank CorporationCourt of Appeals for the Seventh Circuit · 1991

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3Cited by167 opinions

  1. Joey L. Mitchell v. Glenn ChapmanCourt of Appeals for the Sixth Circuit · 2003
  2. Melissa Rawe Thomas J. Rawe Kimberly Rawe v. Liberty Mutual Fire Insurance Company Cynthia HoltcampCourt of Appeals for the Sixth Circuit · 2006
  3. Pike v. FreemanCourt of Appeals for the Second Circuit · 2001
  4. 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
  5. Handy v. Shaw, Bransford, Veilleux & RothCourt of Appeals for the D.C. Circuit · 2003

162 more not listed; retrieve them via the Exa API.

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