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.
What is the law
on res judicata and uninsured motorist benefits now, and where will it likely go from here?
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.
So, you can put
Judicata or ROSS or whatever
on your proposal, and it makes you look really high tech and efficient because you
're using
AI even if effectively you
're not actually changing much.
The doctrine of
res judicata prevents a party who failed to participate in divorce proceedings and did not appeal the award of spousal maintenance in a default decree from
being granted a modification based
on facts that could have
been raised at the hearing.
I have a case that
's has
been denied entry based
on res -
judicata.
[5] Whether this scope will extend to the «recognition» of settlement agreements, however, has not
been finalized as this recognition could confer a
res judicata effect
on agreements in certain jurisdictions, precluding further negotiation.
Quebec civil procedure distinguishes between «declinatory exceptions», which
are preliminary motions to stay or dismiss based
on absence of personal or subject - matter jurisdiction (compétence)[Quebec Code of Civil Procedure, arts. 163 - 164] and «exceptions to dismiss» (moyens de non-recevabilité), which
are motions to stay or dismiss
on other grounds: (i)
res judicata or lis pendens, (ii) lack of legal capacity to sue or
be sued, (iii) plaintiff's lack of standing, and (iv) no reasonable cause of action [C.C.P., arts. 165 - 167].
The case
was struck
on the grounds of
res judicata (the issue had already
been decided) and abuse of the court's process.
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.
Should the Michigan Supreme Court adopt the Adam interpretation of
res judicata's transactional test, it will provide assurances to auto accident trial attorneys
on how to best handle the two stages of litigation.
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.
In addition, the ex-husband claimed that, based
on the Supreme Court judgment in the parties» matrimonial action, the ex-wife, whose two prior small claims actions had
been dismissed,
was precluded from bringing this action under the doctrine of
res judicata.
For example, a judgment in rem against an asset outside of England and Wales can not
be enforced for the reason that the assets fall outside of the jurisdiction of the English court; however, a party may seek recognition of that judgment for several reasons, such as defending claims within England or relying
on the findings of the foreign judgment in other proceedings (
res judicata).
The words «without prejudice» in their general adaptation, when used in a decree, mean that there
is no decision of the controversy
on its merits, and leaves the whole subject in litigation as much open to another suit as if no suit had ever
been brought... When the words «without prejudice» appear in an order or decree, it shows that the judicial act done
is not intended to
be res judicata of the merits of the controversy.
Res judicata applies where there
is a final judgment
on the merits, the same parties
are involved in the first and second case, and the same causes of action
are involved in the cases.
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.
Over the course of the coming months, Color will
be available for an increasing number of cases as it becomes an integral part of legal research
on Judicata.
Weil removed the case to federal court and won its motion to dismiss the case
on grounds of
res judicata.
It may
be that the issue of liability isres
judicata, but the application
was not argued
on that basis.
There
is a distinction between «issue estoppel» and «
res judicata» [See Thoday v. Thoday,::: Downloaded
on - 13/05/2014 23:52:27::: Kvm 20/107 ARBP259.13
The decision
is nor
Res Judicata, it has
been decided and you do not get to relitigate it with new evidence
on appeal.