United States Second Circuit

Dismissal of plaintiff's case against defendant-former employer claiming that non-competition covenant was unenforceable is affirmed where: 1) plaintiff could not avail himself of the "declaratory judgment exception" to the doctrine of res judicata because he sought, and obtained, equitable as well as declaratory relief in a prior state action; and 2) plaintiff could have raised the claims pressing this litigation in his prior state action.

Appellate Information

• Decided 12/02/2008
• Published 12/02/2008

Judges

Court

• United States Second Circuit

Counsel