Treatment of Sister State Judgements and Foreign Judgements

Question 0

State cannot refuse to give full faith and credit even if

Answer 0

judgement is penal or tax law
judgement was in error applying NY law
judgement was contrary to NY public policy

Question 1

Full Faith and Credit

Answer 1

requires judgements from one state is given full recognition in another state.

ie, same effect as it would have in the issuing state

issues cannot be re litigated

Question 2

Basic Rule for Full Faith and Credit

Answer 2

State 1 must recognize judgement from state 2 if

judgement is final, valid, and on the merits

Question 3

When is judgement final

Answer 3

judgement subject to modification is not final

will not be recognized

Question 4

When is judgement on the merits

Answer 4

when it resolves the actual issue in dispute

a judgement that fails to resolve the actual issue is not on the merits

Question 5

When is judgement invalid

Answer 5

lack of personal jurisdiction - only get one chance to make argument
(party can challenge jurisdiction only if they were not there)

judgement cannot bind non-parties

lack of SMJ or procured by fraud - only can be litigated to the extent possible in the forum state

can apply time limit to judgement

Question 6

Workers compensation and preclusion

Answer 6

Workers comp award in F1 will not bar action for compensation in F2 unless agreement specifically provides for it

Question 7

Preclusive Effect in the case of 2 simultaneous cases

Answer 7

When first judgement is handed down, second must stop

if it does not, last in time decision will prevail, even if it should have stopped.

Question 8

Comity

Answer 8

NY will recognize a foreign judgement so long as it is final, valid, and on the merits and
jurisdiction was consistent with federal due process
both parties participated
process was fundamentally fair