The only materials I consider, however, consist of records of other courts, cited only in order to establish the nature and scope of prior proceedings between the parties.
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Such records are subject to judicial notice:. See Kramer v. Time Warner Inc. Wood , F. Commissioner , F. Cross Overseas Agencies , Inc. Wah Kwong Shipping Grp. See generally Fed. The proceedings in the New Jersey Family Court, because they form the basis for the complaint, would properly be considered, even as to a facial 12 b 6 motion Schmidt v. Skolas , F. White Consol. Under the Rooker-Feldman doctrine, lower federal courts cannot entertain federal claims that were previously adjudicated in state court or are inextricably intertwined with a state court decision.
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See District of Columbia Court of Appeals v. Feldman , U. Fidelity Trust Co. Larsen , 11 F. Police Benev. Ass'n v. Port Auth. A federal claim is inextricably intertwined with a prior state court decision if "granting the relief requested in the federal action requires determining that the state court's decision is wrong or would void the state court's ruling. Allegheny County Court of Common Pleas.
Rooker-Feldman thus operates to prevent a disgruntled party in state court litigation from collaterally attacking the results of that litigation in federal court under the guise of an alleged constitutional error. See also B. Somerset County , F. Saudi Basic Indus. The claims here—essentially that Jeanne's attorneys retained experts for trial at exorbitant rates, depleting the marital estate—are inextricably intertwined with the state divorce proceedings.
See C. They occurred in that action. Objection should have been for all I know they may have been asserted there. The divorce decree divided the marital assets that remained after expenses. The claims in this action are inextricably intertwined in that they attack the very basis for the state Family Court judgment.
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Even more to the point, Courboin asserted claims virtually identical to those asserted here in the Morris County, New Jersey, state court action. That action was dismissed with prejudice. Both prior actions, support application of Rooker-Feldman. Courboin's response to the motion simply repeats and expands upon the allegations of the complaint. Concerned substantially with rulings of Judge DeMarzo, and attaching transcript excerpts, it tends to confirm that Courboin's complaint arises solely from matters intrinsic to the family court proceeding.
Attempts to attack family court judgments in federal court are not unheard of. Such cases, however, are just as routinely dismissed under Rooker-Feldman. See , e. Dubow , F. App'x 3d Cir. City of New York , F. Baker , F. In addition, the current action directly attacks the dismissal of virtually the same claims in the Morris County action. This, too, invokes Rooker-Feldman.
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This action is therefore dismissed for lack of jurisdiction. For the sake of thoroughness, I briefly discuss other grounds for dismissal.
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These are alternative grounds; assuming the validity of the Rooker-Feldman jurisdictional ruling, supra , they need not be reached. Rooker-Feldman aside, the judgment in the Morris County state court action see C. The claims in the current action could have been raised, and for the most part were raised, in that action. The action was finally dismissed with prejudice.
Whether a state court judgment should have a preclusive effect in a subsequent federal action depends on the law of the state that adjudicated the original action. See Greenleaf v. Garlock , Inc. See also Allen v. McCurry , U. New Jersey claim preclusion law, like federal law, has three basic elements: 1 a final judgment on the merits; 2 the prior suit involved the same parties or their privies; and 3 the subsequent suit is based on the same transaction or occurrence.
Watkins v. Resorts Int'l Hotel and Casino , Inc. Athlone Indus. The second Middle District of Florida action, although it overlaps in parties and subject matter, presents a more problematic issue as to whether the judgment was on the merits. New Jersey also has a robust "entire controversy" rule, an equitable doctrine that extinguishes any claim that could have been, but was not, raised in a prior action:.
Under the entire controversy doctrine, a party cannot withhold part of a controversy for separate later litigation even when the withheld component is a separate and independently cognizable cause of action. The doctrine has three purposes: 1 complete and final disposition of cases through avoidance of piecemeal decisions; 2 fairness to parties to an action and to others with a material interest in it; and 3 efficiency and avoidance of waste and delay.
See DiTrolio v. Antiles , N. As an equitable doctrine, its application is flexible, with a case-by-case appreciation for fairness to the parties. Paramount Aviation Corp. Agusta , F. The prior state court judgment was on the merits, see Velasquez v.
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Franz , N. It asserted nearly identical claims against the Scott defendants, and could have asserted them against the Smith or Barson defendants. The the current action arises from precisely the same events. Courboin has had, and availed himself of—not to say abused—the opportunity to pursue his claims. He is precluded from doing so any further in this action. Here, the parties rely only on the complaint and matters relied upon in it, or attached to it.
Rule 12 b 6 provides for the dismissal of a complaint, in whole or in part, if it fails to state a claim upon which relief can be granted. The defendant, as the moving party, bears the burden of showing that no claim has been stated.