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2000

Pace Law Faculty Publications

Civil Procedure

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Second Circuit 1999-2000 Res Judicata Developments, Jay C. Carlisle Jan 2000

Second Circuit 1999-2000 Res Judicata Developments, Jay C. Carlisle

Pace Law Faculty Publications

During the 1999-2000 survey year the United States Court of Appeals for the Second Circuit has issued at least twenty-five res judicata decisions expanding the doctrines of claim preclusion and issue preclusion. The court liberally applied claim preclusion but infrequently applied the more expansive doctrine of issue preclusion. Also, the Second Circuit released over fifty unpublished decisions that affect the rights of pro se litigants appearing before the court. These decisions demonstrate the court's immense respect for the doctrine of res judicata. Similarly, the decisions illustrate the extent to which the court relies on the doctrine to achieve finality ...