Full Faith And Credit Statute (28 U.S.C. § 1738)

195 Florida cases classified under this topic · sorted by citation count · browse and sort

• Zanders v. Nat'l R.R. Passenger Corp.
  898 F.2d 1127· 6th Cir.· 1990-03-21 ·cited 2×
  The court held that the district court correctly applied preclusion principles to bar Zanders' public policy claim and correctly granted summary judgment on her retaliation claim.
• Schmit v. United States
  896 F.2d 352· 9th Cir.· 1989-12-15 ·cited 2×
  The court held that the government's tax lien did not attach to the plaintiff's home because it was always her separate property under state law, despite joint title.
• Cont'l Cas. Co. v. Anne Arundel Cmty. Coll.
  867 F.2d 800· 4th Cir.· 1989-02-08 ·cited 2×
  The court held that collateral estoppel did not apply because the prior judgments did not actually litigate the intent of the parties regarding the insurance policy exclusion. The court further held that under Maryland law, the insurance policy exclusion for "contractual obligati
• Bray v. NEW York Life Ins.
  851 F.2d 60· 2d Cir.· 1988-06-28 ·cited 2×
  A state court dismissal of a petition for review on statute of limitations grounds, which New York law treats as a dismissal on the merits, has preclusive effect in federal court under 28 U.S.C. § 1738, barring subsequent federal claims.
• Jeno F. Paulucci and Lois Paulucci v. City OF Duluth & Lake Superior Paper Indus.
  826 F.2d 780· 8th Cir.· 1987-08-20 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the motion for voluntary dismissal, nor did it err in granting summary judgment based on res judicata and collateral estoppel.
• Pasterczyk v. Fair
  819 F.2d 12· 1st Cir.· 1987-05-29 ·cited 2×
  A prior state court judgment for declaratory and injunctive relief, which granted sentence credit, has res judicata effect and bars a subsequent federal § 1983 damages action for the same underlying grievance, as the damages claim could have been raised in the state action.
• Marita Rogers v. Platt
  814 F.2d 683· D.C. Cir.· 1987-03-17 ·cited 2×
  The District Court lacked subject matter jurisdiction over the case and should have dismissed the action.
• Robart Wood & Wire Prods. Corp. v. Namaco Indus., Inc.
  797 F.2d 176· 4th Cir.· 1986-08-05 ·cited 2×
  Federal courts must give full faith and credit to state court judgments that are regular on their face and properly authenticated, even if there are allegations of procedural defects in the rendering state's courts.
• Morris v. Cnty. OF Tehama
  795 F.2d 791· 9th Cir.· 1986-07-28 ·cited 2×
  The court held that prosecutorial and judicial immunity barred claims against certain defendants, and state court judgments had preclusive effect, but reversed dismissal for Officer Carlton due to unresolved immunity issues.
• Rodriguez v. Schweiger
  796 F.2d 930· 7th Cir.· 1986-07-17 ·cited 2×
  A plaintiff's guilty plea in state court collaterally estops them from relitigating facts underlying the plea in a subsequent federal civil rights action, absent special circumstances like fraud or newly discovered evidence.
• Stall v. Bourne
  774 F.2d 657· 4th Cir.· 1985-10-11 ·cited 2×
  The court held that the plaintiff was not precluded from litigating his First Amendment claims in federal court because he did not receive a full and fair opportunity to litigate those issues in state administrative and judicial proceedings, particularly since he was the prevaili
• The Superior OIL Co. v. The City OF Port Arthur
  726 F.2d 203· 5th Cir.· 1984-03-05 ·cited 2×
  A prior state court judgment in a quo warranto action, which determined the validity of a municipal annexation, has res judicata effect and bars a subsequent federal court challenge by a taxpayer on the same constitutional grounds.
• Hirrill v. Merriweather
  629 F.2d 490· 8th Cir.· 1980-01-16 ·cited 2×
  The court held that the plaintiff's termination claim was barred by res judicata, and while the pension claim's res judicata status was unclear, it was ultimately without merit and thus properly dismissed.
• The Ala. Creditors v. Dorand
  95 F.4th 1355· 11th Cir.· 2024-03-14 ·cited 1×
  An individual retirement account is part of a debtor's bankruptcy estate if the funds remain in the account when the bankruptcy petition is filed, even if a state court issued a turnover order, as long as the funds were not actually transferred before filing.
• Lewis v. Seneff
  654 F. Supp. 2d 1349· M.D. Fla.· 2009-08-19 ·cited 1×
  The court held that a prior Texas state court dismissal for lack of standing, even if 'without prejudice,' has issue-preclusive effect on the same standing issue in federal court.
• In re Demeo
  377 B.R. 731· S.D. Fla.· 2007-10-15 ·cited 1×
  The court held that collateral estoppel applies to a New York default judgment for conversion, making the debt nondischargeable under 11 U.S.C. § 523(a)(6).
• Merrill Lynch v. Salvano
  999 F.2d 211· 7th Cir.· 1993-07-08 ·cited 1×
  The court held that a district court has the authority to grant a temporary restraining order in an arbitrable dispute to preserve the status quo, but this authority does not extend indefinitely once arbitration has commenced.
• Treister v. City of Miami
  893 F. Supp. 1057· S.D. Fla.· 1992-08-13 ·cited 1×
  The court held that most of the plaintiffs' federal constitutional claims are barred by res judicata and the full faith and credit statute due to prior state court rulings.
• Decker v. City of Plantation
  706 F. Supp. 851· S.D. Fla.· 1989-02-22 ·cited 1×
  The court held that res judicata barred the plaintiffs' claims because the state court had already fully litigated and entered a final judgment on the merits regarding the constitutionality of the ordinance and the claims arising from its enactment.
• Cigna Prop. & Cas. v. Ruiz
  254 F. Supp. 2d 1262· S.D. Fla.· 2003-01-21
  A federal district court lacks subject-matter jurisdiction to review a state court's interpretation of federal law when the parties had a full opportunity to litigate the issue in state court, under the Rooker-Feldman doctrine.
• In re Jakov Bulic
  997 F.2d 299· 7th Cir.· 1993-06-21
  The court held that the district court did not abuse its discretion in dismissing the appeal due to procedural defects, and that the bankruptcy court's dismissal of the Chapter 11 case was also appropriate.
• United States v. Towne
  997 F.2d 537· 9th Cir.· 1993-06-18
  The court held that extrinsic evidence, such as affidavits from the issuing judge and officer, should have been considered to determine if a missing attachment was part of the search warrant, and that physical attachment is not strictly required for an affidavit to cure a warrant
• Medvick v. City OF Univ. City
  995 F.2d 857· 8th Cir.· 1993-06-15
  The court held that a prior state court judgment on constitutional claims bars a subsequent federal § 1983 action based on the same claims due to res judicata.
• Palomar Mobilehome Park Ass'n v. City OF SAN Marcos
  989 F.2d 362· 9th Cir.· 1993-03-30
  The court held that the district court properly dismissed the action based on res judicata, as the claims were or could have been litigated in prior state court proceedings.
• Butler v. The City OF N. Little Rock
  980 F.2d 501· 8th Cir.· 1992-11-20
  The court held that the state court judgment had preclusive effect, barring relitigation of the race discrimination claims in federal court, and that the denial of leave to amend the complaint was not an abuse of discretion.
• Munz v. Parr
  972 F.2d 971· 8th Cir.· 1992-08-14
  The court held that collateral estoppel barred the claim regarding the search's constitutionality, the identification of the officer for the excessive force claim was implausible, and there were insufficient facts for a conspiracy claim.
• Kyricopoulos v. Town OF Orleans
  967 F.2d 14· 1st Cir.· 1992-06-18
  The court held that the appellant was precluded by his state court conviction from relitigating the issue of probable cause in his federal civil rights action.
• In re Abijoe Realty Corp.
  943 F.2d 121· 1st Cir.· 1991-08-29
  The court held that a creditor holding a disputed judgment claim has standing to request dismissal of a Chapter 11 case, and that the debtor waived claims of judicial bias and due process violations due to procedural defaults.
• Davis v. Vieques AIR Link
  892 F.2d 1122· 1st Cir.· 1990-01-05
  The court held that a prior local court ruling denying a motion to dismiss was not a final judgment and thus not res judicata, and that the third-party complaint was time-barred under Puerto Rico's ten-year statute of limitations for construction defects.
• Gates Learjet Corp. v. Duncan Aviation
  851 F.2d 303· 10th Cir.· 1988-06-30
  The court held that Gates is equitably estopped under Michigan law from litigating Duncan's alleged negligence because Gates failed to present its claims or defenses in the prior Michigan action.
• Fed. Ins. Co. v. Gates Learjet Corp.
  823 F.2d 383· 10th Cir.· 1987-06-30
  The court held that the district court erred in applying offensive collateral estoppel without considering the law of the state rendering the prior judgment, and that the statute of limitations defense was properly denied due to undue delay.
• Heinold HOG Mkt., Inc. v. McCOY
  817 F.2d 81· 10th Cir.· 1987-04-24
  The court affirmed the deputy commissioner's finding that a 1984 industrial accident merged with an earlier 1980 injury and awarded temporary total disability benefits, but reversed the order granting the employer a partial credit for wage continuation payments.
• State Farm Fire & Cas. Co. v. Garrity
  785 F.2d 1225· 4th Cir.· 1986-03-17
  The court held that an insurer is not collaterally estopped from litigating the intentional injury exception to coverage by a prior state court negligence judgment against the insured, especially when the intentional injury was not litigated in the prior action.
• Jacinto Vasquez v. van Lindt
  724 F.2d 321· 2d Cir.· 1983-12-20
  The court held that Vasquez's claims were barred by res judicata because they were actually litigated and determined in the state court Article 78 proceeding, precluding relitigation in federal court under § 1983.
• Scott Publ'g Co. v. Ralph Rodgers in Bankr. of Mid-Columbia Publishers, Inc.
  229 F.2d 956· 9th Cir.· 1956-01-27
  The court held that the bankruptcy court was bound by the Washington state court judgment under the doctrine of res judicata and full faith and credit.