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Civil Procedure Keyed to Erichson
Guggenheim Capital, LLC v. Birnbaum
Citation:513 B.R. 788 (Bankr. E.D.N.Y. 2014)
Guggenheim (Plaintiff) sued Birnbaum (Defendant) in district court for trademark infringement. The court issued a default judgment against Birnbaum. Birnbaum then commenced this action in bankruptcy court and filed a petition for relief. Guggenheim sought a determination that the debt arising from the prior district court judgment was enforceable. Guggenheim filed a motion for summary judgment, arguing that the district court’s judgment and fees order were entitled to preclusive effect under the doctrine of collateral estoppel.
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