[DOWNLOAD] "Deflon v. Sawyers" by In the Supreme Court of the State of New Mexico " Book PDF Kindle ePub Free

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eBook details

• Title: Deflon v. Sawyers
• Author : In the Supreme Court of the State of New Mexico
• Release Date : January 24, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

1 This case explores the res judicata and collateral estoppel effects of the dismissal of a federal lawsuit on subsequent state court proceedings. Plaintiff originally sued her former employer, Danka Corporation, Inc., in the United States District Court for the District of New Mexico for sex discrimination in violation of Title VII, 42 U.S.C. 2000e-2, 2000e-3 (2000), and in violation of the Equal Pay Act, 29 U.S.C. 206(d) (2000). Plaintiff also brought two state law claims for negligent retention and supervision and intentional infliction of emotional distress in her federal lawsuit. All claims in the federal lawsuit were based primarily on the actions of Danka employees. The federal district court granted Dankas motion for summary judgment, and the Tenth Circuit Court of Appeals affirmed. DeFlon v. Danka Corp., 1 Fed. Appx. 807 (10th Cir. 2001). Plaintiff then filed suit against Defendants, who were all Danka employees, in state court for intentional infliction of emotional distress, intentional interference with a contract, defamation, prima facie tort, and civil conspiracy. Finding that the doctrines of res judicata and collateral estoppel barred Plaintiffs claims, the district court dismissed Plaintiffs complaint with prejudice. Plaintiff appealed the dismissal of two claims_intentional interference with a contract and civil conspiracy_and the Court of Appeals affirmed that dismissal. DeFlon v. Sawyers, No. 23,013, slip op. at 2 (Ct. App. July 28, 2004). Plaintiff now asks this Court to reverse the Court of Appeals and reinstate her claims for intentional interference with a contract and civil conspiracy. We hold that res judicata does not bar Plaintiffs claims because Defendants, who allegedly acted outside the scope of their authority, are not in privity with the defendant in the federal suit. Collateral estoppel does not bar Plaintiffs claims because the Tenth Circuit did not actually and necessarily decide issues which would bar the present claims.

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