United States Second Circuit

In an action for breaches of debenture-related agreements and for securities fraud, district court's grant of summary judgment for defendant on grounds that plaintiff's claims were barred by res judicata is vacated and remanded where the order dismissing the earlier action between plaintiff and a third party does not operate as a res judicata bar to the claims raised in the present action as the required privity between the third party and defendant is not present.

Appellate Information

• Decided 04/16/2009
• Published 04/16/2009

Judges

• PER CURIAM:, Before:  STRAUB and HALL, Circuit Judges, and UNDERHILL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• E. David Smith, Smith & Associates, New York, NY, for Plaintiffs-Appellants.


• For Appellees:
  
• Nathaniel H. Akerman, Seyfarth Shaw LLP, New York, NY, for Defendant-Appellee., Haig V. Kalbian, Mary M. Baker, D. Michelle Douglas, Kalbian HaggertyL.L.P, Washington, DC, on the brief, for Defendant-Appellee.