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.
Not exact matches
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...
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»).
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).
Examples of such technical innovation might
be in
Judicata, Casetext, recipient of the AALL's award for new product of the year, which recently launched CARA Brief Finder and others, providing competition
against the old guard.
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