Samake v. Thunder Lube, Inc.
| Docket Number | 21-102 |
| Decision Date | 27 January 2022 |
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89 cases
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Fairfield Sentry Ltd. v. Citibank
...is barred unless the final judgment in the first action was vacated pursuant to Rule 60(b). See Nemaizer, 793 F.2d at 61; see also Samake, 24 F.4th at 816 n.7 (“[T]he procedure to set aside a notice of dismissal is through a Rule 60(b) motion to vacate the notice.” (collecting authorities))......
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Fairfield Sentry Ltd. (In Liquidation) v. Citibank
...by it, but as to all relevant issues which could have been but were not raised and litigated in the suit.” Samake v. Thunder Lube, Inc., 24 F.4th 804, 815 (2d Cir. 2022) (citing Nemaizer v. Baker, 793 F.2d 58, 61 (2d Cir. 1986)). The party seeking to invoke res judicata bears the burden to ......
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Fairfield Sentry Ltd. (In Liquidation) v. Citibank
...is barred unless the final judgment in the first action was vacated pursuant to Rule 60(b). See Nemaizer, 793 F.2d at 61; see also Samake, 24 F.4th at 816 n.7 (“[T]he procedure to set aside a notice of dismissal is through a Rule 60(b) motion to vacate the notice.” (collecting authorities))......
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1 firm's commentaries
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Arizona Federal Court Latest to Hold Judicial Approval of Individual FLSA Settlements Is Not Required
...DOL or after a court of competent jurisdiction reviews and approves the settlement for fairness. See, e.g. Samake v. Thunder Lube, Inc., 24 F.4th 804 (2d Cir. 2022). More recently, however, an increasing number of federal courts are questioning whether such judicial or DOL approval is requi......