Legal Blog

More than 40 Years Later, the Unresolved Question in Lipsky Remains Up for Debate

Can you rely on allegations contained in a separate, unadjudicated proceeding to make your own case in court? That question, first considered by the Second Circuit over 40 years ago in Lipsky v. Commonwealth United Corp., remains unresolved to this day. Some courts interpret the Lipsky ruling as a “bright line” rule that precludes litigants from relying on others’ unproven assertions. Other courts argue that Lipsky opens the door to such kinds of pleadings, albeit in certain circumstances. And others say the point is moot, citing Rule 11 of the Federal Rules of Civil Procedure, which requires filing attorneys to certify that documents filed bear factual relevance to the case.

In this article, Mr. Steckman and his colleague Joseph Johnson explore why Lipsky has remained an unresolved legal issue since 1976, examining several decisions that offer conflicting interpretations. Read why the authors believe that the absolute interpretation of Lipsky is the only interpretation that protects litigants and trial courts, and why “each of the other approaches cannot help but involve the court in making what are likely to be highly intuitive assessments of foreign pleadings, the truth of which cannot be determined by the motion court.”

Download “When May a Litigant Rely in its Own Complaint on Allegations From Another Complaint filed a Different Action? — Lipsky v. Commonwealth United Corp and Its Progeny — Still an Unresolved Question”

 

 

 

ABOUT OFFIT KURMAN

Offit Kurman is one of the fastest-growing, full-service law firms in the Mid-Atlantic region. With over 170 attorneys offering a comprehensive range of services in virtually every legal category, the firm is well positioned to meet the needs of dynamic businesses and the people who own and operate them. Our twelve offices serve individual and corporate clients in the Virginia, Washington, DC, Maryland, Delaware, Pennsylvania, New Jersey, and New York City regions. At Offit Kurman, we are our clients’ most trusted legal advisors, professionals who help maximize and protect business value and personal wealth. In every interaction, we consistently maintain our clients’ confidence by remaining focused on furthering their objectives and achieving their goals in an efficient manner. Trust, knowledge, confidence—in a partner, that’s perfect.

You can connect with Offit Kurman via our BlogFacebookTwitterGoogle+YouTube, and LinkedIn pages. You can also sign up to receive Law Matters, Offit Kurman’s monthly newsletter covering a diverse selection of legal and corporate thought leadership content.

MARYLAND | PENNSYLVANIA | VIRGINIA| NEW JERSEY | NEW YORK | DELAWARE | WASHINGTON, DC