updated Mon. April 8, 2024
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Chicago Daily Law Bulletin
December 1, 2017
Where the plaintiff seeks to voluntarily dismiss and refile his complaint, the plaintiff is entitled by law to only one refiling. Any additional attempts to voluntarily dismiss and refile a complaint based around the same set of operative facts is barred by res judicata regardless of whether the new complaint relies ...
Lexology
November 30, 2017
On the issue of res judicata (based on the UK case), the Fourth Circuit reasoned that many of the legal and factual differences between the UK and US cases meant that applying the doctrine would deprive SAS from having its claims heard in an adequate forum and would undermine US and North Carolina ...
Maui News
November 29, 2017
has limited its involvement with the case to the “res judicata” issue, or the issue of continuing the litigation. This article focuses the other issue: Whether car rentals are “tourism-related services.” This issue is significant because tourism-related services have favorable treatment under the general excise tax.
Lexology
November 29, 2017
Dish filed a motion to set aside the verdict based on res judicata, pointing to a different judgment in Illinois federal court in an action brought by the Federal Trade Commission, the Department of Justice, and four state attorneys general. In that case, the government entities charged Dish with violations of the ...
Mondaq News Alerts
November 23, 2017
The California Court of Appeal recently held that employees' workers' compensation decisions barred them from pursuing similar claims under the Fair Employment and Housing Act ("FEHA") based on the doctrine of res judicata. In Va Ly, et al. v. County of Fresno, three correctional officers alleged racial ...
Lexology
November 22, 2017
The California Court of Appeal recently held that employees' workers' compensation decisions barred them from pursuing similar claims under the Fair Employment and Housing Act (“FEHA”) based on the doctrine of res judicata. In Va Ly, et al. v. County of Fresno, three correctional officers alleged racial ...
PennLive.com
November 19, 2017
He said his attorney advised him that any new court challenge would constitute "res judicata" -- a matter that has been adjudicated by a competent court and may not be pursued further by the same parties, according to the York Dispatch. Flood said if the York mayor elect can serve with felony convictions ...
Thegardenisland.com
November 19, 2017
The state argued: TFH's proposed brief fails to take into account that the (taxpayers) did not file tax returns, including “annual reconciliation returns,” for the periods to which any res judicata argument might apply. The broad principles of res judicata that TFH urges the court to adopt are not properly asserted ...
Hawaii Reporter
November 6, 2017
Thus, if a claim of liability or nonliability relating to a particular tax year is litigated, a judgment on the merits is res judicata [a 'thing adjudicated,' thereby closing the door] as to any subsequent proceeding involving the same claim and the same tax year.” Commissioner v. Sunnen, 333 U.S. 591 (1948).
York Dispatch
December 31, 1999
Chuck Hobbs, Helfrich's attorney, said he expects any potential challenge to Helfrich's eligibility to fail because Linebaugh's ruling “is now precedent in York County.” “If it's the same (legal) substance, you can't bring the same action over and over and over again,” Hobbs said, referring to res judicata, which ...
Hawaii Reporter
December 31, 1999
In the last few weeks I've been discussing the Foundation's involvement in litigation involving online travel companies and the State's attempts to wrest more general excise taxes out of them. The Foundation has limited its involvement with the case to the “res judicata” issue. This article describes the other ...
The Recorder
September 27, 2017
To answer this question, a number of other circuits have "adopted a bright-line rule that res judicata does not apply to events post-dating theÃÂ ...
Mortgageorb
September 27, 2017
In legal terms, res judicata (a matter that has been adjudicated by a competent court and may not be pursued further by the same parties) didÃÂ ...
Lexology (registration)
September 26, 2017
The principle of res judicata prevents the court from re-examining the merits where the cause(s) of action and issues have already beenÃÂ ...
Lexology (registration)
September 26, 2017
The debtors asserted that the doctrine of res judicata bound Montanaro to the terms of the plan and prevented it from re-litigating the terms ofÃÂ ...
Lexology (registration)
September 19, 2017
The leave was denied on the grounds that while a question of principle was involved, i.e. the principle of res judicata, it did not constitute a newÃÂ ...
Chicago Daily Law Bulletin
September 18, 2017
Where a party alleges that they are permitted to split their claim and file a second suit because the court has reserved their right to do so, such aÃÂ ...
Law Times
September 11, 2017
Motion judge dismissed motion as res judicata, abuse of court's process and collateral attack on prior orders, and awarded each of receiver,ÃÂ ...
Connecticut Law Tribune
September 9, 2017
Res judicata did not bar attorney disciplinary proceedings. The Supreme Court affirmed the trial court judgment suspending an attorney fromÃÂ ...
Southeast Texas Record
September 8, 2017
In response, Walker filed a motion to dismiss based on three defenses: res judicata, judicial immunity, and failure to state a claim, the opinionÃÂ ...
Lexology (registration)
September 8, 2017
Due to the res judicata effect afforded to certain findings by the jury in the original Engle class trial, the plaintiff in every progeny case essentiallyÃÂ ...
Hollywood Reporter
September 1, 2017
The lawsuit seems likely to raise various challenges from res judicata (already judged) to the argument it more properly belongs in CaliforniaÃÂ ...
New Jersey Law Journal
August 31, 2017
On appeal, the court affirmed the dismissal of plaintiffs' complaint on res judicata grounds, holding that the bankruptcy court ruled on theÃÂ ...
Lexology (registration)
August 25, 2017
The trial court found that Berkshire did not waive its right to arbitrate, and that the application of res judicata and compulsory joinder is for theÃÂ ...
The Recorder
August 23, 2017
After a trial on the affirmative defenses of res judicata (claim preclusion) and collateral estoppel (issue preclusion), the court found res judicataÃÂ ...
Lexology (registration)
August 18, 2017
As to the Owner's claims against the subcontractors, the Court of Appeals held that collateral estoppel and res judicata do not require directÃÂ ...
Lexology (registration)
August 15, 2017
Illinois courts apply the transaction test for res judicata purposes in which separate claims will be considered to be the same cause of action ifÃÂ ...
The Recorder
December 31, 1999
The doctrine of res judicata or claim preclusion dictates that in ordinary circumstances a final judgment on the merits prevents litigation of theÃÂ ...
Casper Star-Tribune Online
December 31, 1999
... for sentence reduction had already been ruled irrelevant by the court and were not valid given a legal principal known as res judicata.
Texas Lawyer
December 31, 1999
... but the same trial court granted the opposing party's motion to dismiss the settlement-agreement claims as baseless due to res judicata.
Mondaq News Alerts (registration)
January 12, 2017
... and, if it fails, go on to file a preliminary jurisdictional objection and if that fails, an early dismissal application on the same grounds.
Horse Racing Nation
January 12, 2017
Rounding out the field are 2016 Salvator Mile (G3) winner Res Judicata; multiple stakes winner Never Gone South; stakes winner Imperial Hint; stakes-placed Big Guy Ian and Measured; and Blue Moon Ace, Gin Makes Ya Sin.
SCOTUSblog (blog)
January 11, 2017
Palmer, over a dissent by Judge Martin, the panel upheld the district court's denial of a stay in light of a challenge to Florida's substitution of two drugs in its three-drug execution cocktail.
Horse Racing Nation
January 11, 2017
... Servis; Michael Jester's homebred Grasshoppin, a three-quarter-length allowance winner on December 20 at Parx and second in the Swatara at Penn National in November; and Someday Farm's Pennsylvania-bred Res Judicata for trainer John Servis.
Delaware Law Weekly
January 10, 2017
Applying the elements of res judicata, the Family Court concluded that it had jurisdiction over the subject matter of the ancillary hearing, that the parties were the same in both actions, alimony was one of the issues decided in both actions, the ...
Lexology (registration)
January 10, 2017
This was because there had been no judicial determination of the identity defences on the summary judgment motion, so the doctrines of estoppel and res judicata did not apply. The summary judgment motion judge had erroneously based his decision on theÃÂ ...
Delaware Law Weekly
January 10, 2017
Applying the elements of res judicata, the Family Court concluded that it had jurisdiction over the subject matter of the ancillary hearing, that the parties were the same in both actions, alimony was one of the issues decided in both actions, the ...
CHANNELS TELEVISION
January 9, 2017
In her ruling on Monday, Justice Williams held that the principles of 'res judicata' was against the claims of the claimants, noting that their prayers had already been determined and answered in an earlier suit by her brother judge, Justice Akintunde ...
The Nation Newspaper
January 9, 2017
But in her ruling, Justice Williams held that the principles of 'res judicata' are against the claims of the claimants in the matter.
Mondaq News Alerts (registration)
January 9, 2017
The Second Circuit ultimately dismissed the agency's claims due to laches and res judicata. In addition to this extraterritorial matter, the Second Circuit, in a hotly contested parallel imports case, affirmed the district court's issuance of a ...
Hollywood Reporter
January 9, 2017
Faced with a litigant that won't give up over the allegation that Drive contains anti-Semitic messages and stereotypes, the defendants recount the history of this infamous dispute and ask for dismissal based on res judicata (a matter already ...
ScreenCrush
January 9, 2017
What I can only imagine to be a vast fleet of corporate lawyers has fired back with a motion for one final dismissal, citing rationales that 1. this has already been adjudicated (res judicata, in legalese) 2. this is a bunch of phooey (or 'failure to ...
The Stopru
January 7, 2017
If this grace of the President has been welcomed by public opinion, it has on the contrary scolded the trade union of magistrates which saw in it a questioning of the authority of res judicata. Unwelcome criticism according to the lawyers of Jacqueline ...
Lexology (registration)
January 6, 2017
The Minutes for the first time explicitly provides how a labor arbitration tribunal and a court would act under the "res judicata" principle. If a party does not file a lawsuit within the statutory time limit after receiving an arbitral award, the ...
Horse Racing Nation
January 6, 2017
Res Judicata, upset winner of the Salvator Mile (G3) last June at Monmouth Park, and Bold Ruler (G3) winner Stallwalkin' Dude, who has won multiple stakes and nearly $1.2 million in purse earnings, are also nominated along with multiple stakes winnersÃÂ ...
Lexology (registration)
January 5, 2017
The sole category of third parties to be bound includes those bound by the res judicata of a court decision. Default language and seat.
Lexology (registration)
January 5, 2017
An award will be considered final, binding and enforceable and will give rise to res judicata on its filing in the single-member first-instance court (as per the Code of Civil Procedure) and publication (as per Law 2735/1999).
The Recorder
January 3, 2017
Relatedly, ConAgra argues that an administrative feasibility requirement would protect its ability to meaningfully assert a res judicata defense in future actions asserting the same claims. But determining whether a plaintiff in that future action was ...
KT Press
January 3, 2017
... cabinet meeting, President Paul Kagame announced that he granted pardon to 62 girls and women tried and convicted of abortion, which the court has given final judgment and children under 16 tried and convicted and their judgment became res judicata.
TheCable
January 2, 2017
However, the DSS acting on orders from above, decided to hold Kanu "further" on the same matter, contrary to the legal principle of "Res Judicata", and without sufficient legal justification. This is now unlawful detention. The above is troubling, more ...
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