United States Second Circuit

New York Civil Practice Law and Rules 3003 may preempt a res judicata claim against a federal ERISA claim after the underlying suit in state court for breach of employment contract was dismissed.

Appellate Information

• Argued 05/30/2001
• Decided 08/31/2001
• Published 08/31/2001

Judges

• CALABRESI, Circuit Judge:, Before:  CALABRESI and KATZMANN, Circuit Judges, and KAPLAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Edgar Pauk, New York, N.Y. (Prof. Jay Carlisle, of counsel, on the brief) for appellant.


• For Appellees:
  
• James E. McGrath III, Putney, Twombly, Hall & Hirson, New York, N.Y. (Marc B. Zimmerman, Alexander Tchernovitz on the brief) for appellees.