Sentences with phrase «judicata bar»

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.

California Supreme Court brief for Phillip Morris arguing that the doctrine of res judicata bars a plaintiff's claim for noneconomic damages in a wrongful death action that she brought after the death of her husband, because she had dismissed with prejudice a claim for loss of consortium while he was alive.

Not exact matches

After five years of development and the promise of a legal research service «unprecedented in its precision, relevancy, and simplicity,» Judicata has set a high bar for itself.

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...

So it was compelled to rule that res judicata did not bar Garrett's claim for UM benefits.

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»).

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.

Vexatious Litigants: Where claims have already been adjudicated, litigants are barred from using re-litigating, based on the doctrine of res judicata.

[79] In response to perceived difficulties in demanding strict adherence to the constituent elements of res judicata, modern Canadian courts have developed the independent but related concept of abuse of process as a means of barring relitigation where permitting it to proceed would offend vital principles such as judicial economy, consistency, finality of legal disputes, and, perhaps most importantly, the integrity of the judicial decision - making process.

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.

The trial court denied Maxell's motion to dismiss on res judicata grounds, finding that the federal court's dismissal was not an adjudication on the merits and, therefore, the claims were not barred.

Duplicate litigation is to be avoided and thus the legal concept of res judicata - when a court has decided the legal issue already it constitutes a bar to a subsequent action involving the same claim.

The court ruled that res judicata did not bar these claims because the administrative process had not allowed discovery, the agency had not conducted an investigation, and the Buyers did not receive a chance to argue their claims before the real estate commission.

Since this process did not quality as litigation between the parties, the doctrine of res judicata did not bar the Buyers» lawsuit.