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GREENWAY CENTER, INC. v. ESSEX INS. CO.

No. 05-3782.

475 F.3d 139 (2007)

GREENWAY CENTER, INC. v. ESSEX INSURANCE COMPANY, Appellant. Annette Maione, Individually and as Administrator of the Estate of Mark Willet.

United States Court of Appeals, Third Circuit.

Opinion Filed January 30, 2007.

Attorney(s) appearing for the Case

Richard D. Picini, Esq., (argued), Jennifer L. Casatelli, Esq., Picillo Caruso O'Toole, P.C., Nutley, NJ, for Appellant Essex Insurance Company.

Ronald V. Santora, Esq., (argued), Bresset & Santora, LLC, Forty Fort, PA, for Appellee Greenway Center, Inc.

Joseph P. Hanyon, Esq., (argued), Michael B. Kaspszyk, Esq., Merwine, Hanyon, Kaspszyk, LLP, Pocono Summit, PA, for Appellee Annette Maione.

Before FUENTES and GARTH, Circuit Judges, and POLLAK, District Judge.

GARTH, Circuit Judge.

This appeal requires us to decide whether the district court properly held that it was foreclosed by the doctrine of issue preclusion from making an independent determination whether appellee Greenway Center, Inc. ("GCI") is a successor in interest to Winco Acquisitions, Inc. ("Winco") — a company which was insured by appellant Essex Insurance Company ("Essex"). The district court found that a state court had already decided the issue...

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