Sure-Snap Corp. v. State Street Bank & Trust Co.

U.S. Court of Appeals, Second Circuit · Decided 1991-11-07

Cited by 107 later decision(s) in our corpus · see the citation network in Lexace

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IRVING R. KAUFMAN, Circuit Judge: Restraining litigious plaintiffs from taking more than “one bite of the apple” has been our avowed purpose since the common law doctrine of res judicata first evolved. The question before us today is whether “having one’s day” in bankruptcy court precludes the bringing of lender liability claims against the debtor’s creditors in a separate, tort-based suit. The timeworn test of sameness of cl…

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