Sentences with phrase «under res judicata»

Not exact matches

It held that res judicata did not apply and a valuation officer can alter a rating list when he becomes aware of a material change in circumstances because he is under a duty to maintain an accurate list.

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»).

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.

Defendants attempting to purchase res judicata may prefer certification under (b)(2) over (b)(3).»

● an equal pay claimant can claim under more than one of the heads of liability in the Equal Pay Act 1970, s 1 (2) in respect of the same period, without running foul of the doctrine of res judicata; and

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