Tibbetts v. Stempel’s Empirical Analysis

Citation profile

4 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[r]es judicata or claim preclusion prevents a party from litigating any issue or defense that could have been raised or decided in a previous suit, even if the issue or defense was not actually raised or decided,” and that.under Connecticut law "[t]he claim that is extinguished by the judgment in the first action includes all rights of the plaintiff to remedies against the defendant with respect to all or any part of the transaction ... out of which the action arose” (internal citations and quotations omitted)). Both Plaintiffs’ ADEA and CFEPA claims arose out of his termination, and thus the New York action involved the same "cause of action” as the instant matter. . At oral argument, counsel for Plaintiff appeared to back away from this concession, arguing that there was no decision “on the merits” on Plaintiff's CFEPA claims because the Second Circuit did not decide whether age was a motivating factor in Plaintiff’s termination and therefore the decision should not have preclusive effect. However, this contention conflates issue preclusion, or collateral estoppel, with claim preclusion, or res judicata. A decision is "on the merits”

   1 later decision quote this exact passage · from the majority
   e.g. 932 F. Supp. 2d 314 - Dembin v. LVI Services, Inc.

2. “a final judgment, when rendered on the merits, is an absolute bar to a subsequent action, between the same parties or those in privity with them, upon the same claim.” Dontigney v. Roberts, 73 Conn.App. 709, 710 , 809 A.2d 539 (2002). “A key consideration in determining the existence of privity is the sharing of the same legal right by the parties allegedly in privity.” Tibbetts v. Stempel, 354 F.Supp.2d 137, 148 (D. Conn. 2005) (quoting Joe’s Pizza, Inc. v. Aetna Life & Cas. Co., 236 Conn. 863, 868 , 675 A.2d 441, 445 (Conn. 1996)).”

   1 later decision quote this exact passage · from the majority
   e.g. Tanasi v. CitiMortgage, Inc.

3. “[t]he claim that is extinguished by the judgment in the first action includes all rights of the plaintiff to remedies against the defendant with respect to all or any part of the transaction ... out of which the action arose” (internal citations and quotations omitted)). Both Plaintiffs’ ADEA and CFEPA claims arose out of his termination, and thus the New York action involved the same”

   1 later decision quote this exact passage · from the majority
   e.g. 932 F. Supp. 2d 314 - Dembin v. LVI Services, Inc.