Sentences with phrase «by res judicata»

Weirton argued that this manifest disregard occurred in connection with (1) the arbitrator's disposal of the case on summary disposition; (2) the arbitrator's determination that all claims but one were barred by res judicata or collateral estoppel; (3) the arbitrator's conclusion that one of Weirton's claims was barred by the statute of limitations; and (4) the arbitrator's determination that, if not barred by res judicata, a number of Weirton's claims were barred by the gist - of - the action doctrine.

The arbitrator granted summary disposition in favor of the defendants, finding that: (1) CHSI was not a proper respondent to the action and that Weirton failed to state claims against CHSI; (2) all of Weirton's claims, except for the breach - of - contract claim against Quorum, were barred by res judicata or collateral estoppel; (3) Weirton's breach - of - contract claim against Quorum was time - barred under the applicable Tennessee statute of limitations; (4) Weirton's tort claims were alternatively barred by the gist - of - the - action doctrine; and (5) Weirton's unjust enrichment claim was barred because of the parties» contracts (the «Second Award»).

Not exact matches

In particular, as part of a more qualitative approach, one needs to have a look whether the current perceived «turbulences» have also by now reached the more fundamental layers of international law, i.e. meta - rules such as the ones on sources, State responsibility, State immunity, treaty interpretation, or res judicata effect of international court decisions must be abided by the parties involved, to name but a few, the general acceptance of which is indispensable for a functioning international legal system.

The housing needs of a child can not be «governed by some notion of res judicata in any formal sense»; and that the settlement in the ancillary relief proceedings is no more than part of the background to ChA 1989 proceedings.

Comparisons will inevitably be made between Judicata's Clerk and CARA, the brief - analysis tool introduced last year by Casetext that finds cases that are relevant to a legal document but not cited in it.

This case raised issues relating to res judicata, Section 34 of the Civil Jurisdiction and Judgments and Estoppel by Convention.

[2] The primary argument put forward by the Defendants is that the Plaintiff's claim is res judicata, the crucial issue having already been decided in prior regulatory and criminal proceedings.

In general, you can file a complaint asserting any cause of action whatsoever against a defendant, even if they are unrelated, in the same case, and if you don't, you risk having the claims that you do not file barred by the doctrine of res judicata, which bars new lawsuits between the same parties not only over all claims that were actually asserted and...

A decision by a McHenry County, Ill., trial court dismissing the medical malpractice lawsuit on the grounds of res judicata bar on claim - splitting has been reversed by the Illinois Appellate Court.

This fourth action was dismissed by Wood, J. as res judicata and an abuse of process.

When you look at some of the amazing different ways that Judicata and Casetext are taking the same raw material and making it more useful by presenting it, analyzing it, parcing it, and then giving you different abilities to do things with it.

The principle of res judicata is applied by the English court equally in cases where the issue has already been decided by a competent court in a foreign jurisdiction.

Richter v. Prairie Farms Dairy, Inc.'s, (2016 IL 119518) essential holding is that a prior dismissal without prejudice doesn't convert to a final order for res judicata or appeal purposes where a plaintiff fails to amend the dismissed pleading within the time deadline set by the court and the movant defendant doesn't seek a dismissal with prejudice.

Analytics tools such as those used by Ravel and other start - ups including Casetext, Judicata, JustisOne and Lex Machina greatly reduce the amount of time and money that lawyers need to spend on legal research - an area that has not traditionally been seen as an area where savings can be made.

In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense.

Whether issue estoppel or cause of action estoppel is applicable, at the end of the day the court must determine whether it should exercise its discretion to bar the action by reason of res judicata or whether there are exceptional or special circumstances that should apply.

Enmax Energy Corp. v. TransAlta Generation Partnership 2015 ABCA 383 Arbitration — Estoppel Summary: The appellant appealed a chambers judge's decision where he held that the parties to an arbitration were not bound by a prior arbitration award involving the same parties, that a party (in this case, the respondent) was not estopped from taking certain positions in the current arbitration as a result of the prior arbitration decision, and that the doctrines of res judicata and issue estoppel did not apply to arbitration awards.

Fifth, one way of demonstrating that identity of interest was by asking whether a judgment against one legal entity in respect of the subject matter of the two disputes would have the force of res judicata against the other legal entity.

Furthermore, unless specifically permitted by court rules and state law, our laws do not allow ignoring res judicata or issue preclusion to reopen settled court cases, and arguably the UCCJEA and the full faith and credit provisions of VAWA (18 U.S.C. § § 2265 - 2266) may supersede other state rules and laws.

The reasoning was that the new case fell within the doctrine of «res judicata» and was given by a court of competent jurisdiction, and the decision was not tangential but the very question that was now argued again before the court.

185 DOS 05 DOS v. Britt - disclosure of conditions affecting the value or desirability of listed premises; DOS fails its burden of proof; res judicata; judgment rendered in civil court between buyer and seller is not controlling in administrative proceeding against licensee where DOS and licensee were not parties in the civil suit and professional conduct of the licensee was not litigated; duty of disclosure to a buyer by a seller's agent is derivative; seller's agent must make the same disclosure to a buyer that the law requires a seller to make; disclosure by seller's agent to buyer's agent of the condition of the property as known by seller's agent was timely, proper and essentially a disclosure to buyer of that information; DOS has failed to prove by substantial evidence its allegation that basement flooding was a common occurrence or that broker was fully aware that homes in the neighborhood where the property is located encountered frequent flooding; complaint dismissed

380 DOS 03 Donati v. DOS — prior misconduct; reconsideration; res judicata; applicant's prior license as a real estate broker was suspended by administrative decision (50 DOS 94) requiring respondent to pay restitution as a condition of consideration of any application by the applicant for a license under Article 12 - A; prior administrative decision is binding both upon the applicant and the tribunal; tribunal must consider, however, whether under current circumstances, the continued imposition of the condition is unreasonable; applicant is 62 years of age, has been divested of all property, faces destitution and seeks to work as a salesperson under the direction and supervision of a broker; applicant admits the unlawful acts, expresses remorse and states that under the current circumstances, the prior decision is a «life sentence;» under the current circumstances, the continued imposition of the prior decision is unreasonable; application for real estate salesperson license granted