Res Judicata

News & Analysis as of

N.C. Court Discusses Application of Res Judicata in Quasi-Judicial Land Use Proceedings

Today's topic is the North Carolina Court of Appeals' decision in Mount Ulla Historical Preservation Society, Inc. v. Rowan County, 11 CVS 2793 (February 18, 2014). The full opinion can be accessed below....more

Arbitration Decision Precludes Subsequent Non-Statutory Wrongful Termination Claim

A court of appeal recently addressed whether an arbitration decision on a claim of wrongful termination in violation of a collective bargaining agreement, as a result of racially discriminatory practices, bars a subsequent...more

New York Appellate Court Dismisses Syncora’s $320M RMBS Suit Against J.P. Morgan

On August 13, the First Department of the Appellate Division of the Supreme Court of New York reversed a trial court decision denying Syncora Guarantee Inc.’s motion for summary judgment in an action against J.P. Morgan...more

Arbitrator’s Award Given Preclusive Effect in Racial Discrimination Case

In Wade v. Ports America Management Corp., the California Court of Appeal, Second Appellate District held that an arbitration award, pursuant to a collective bargaining agreement, had res judicata effect on a plaintiff’s...more

DISPUTE RESOLUTION: Tort Litigation: Global Warming Litigation Goes Cold

Within a matter of just a few days, the federal courts put an end to climate change litigation, including one case that had originated in 2005 in the wake of Hurricane Katrina....more

Fifth Circuit Knocks Out Climate Change Liability Lawsuit Again

Res judicata is one of those phrases learned in law school that seemed of limited utility. How often is someone going to bring the same claim twice?...more

CFC Rules That Res Judicata Defeats Government Argument That No Property Interest Exists for Purposes of Takings Law

In Simonson v. United States (April 4, 2013), the U.S. Court of Federal Claims considered whether the Government’s argument that the plaintiffs did not have a compensable property interest for purposes of a takings claim...more

Mortgage Banking Update - March 21, 2013

In This Issue: - Uniform State Test Implementation Nearing - Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes - Sixth Circuit...more

Federal Circuit Review - Volume 3 | Issue 1 - January 2013

In This Issue: • Prior Litigation Precludes Lawsuit • Disclosure of Broad Genus Does Not Disclose Species • Preamble Limits Claims - Excerpt from Prior Litigation Precludes Lawsuit: In...more

Illinois Supreme Court Declines to Decide Absolute Immunity Issue in Cooney

Cooney v. Rossiter presented two questions: (1) was the plaintiffs' individual action barred by the dismissal of an earlier putative class action; and (2) is a court-appointed psychological evaluator in a child custody...more

Illinois Supreme Court to Issue Final Four Civil Opinions on Friday Morning

This morning, the Illinois Supreme Court announced that it will issue four more civil opinions on Friday morning to close out 2012. The upcoming decisions deal with issues as diverse as res judicata and absolute immunity,...more

Res Judicata Part II: Always Read What the Order Says (and Doesn't Say)

In its second opinion of the day on the doctrine of res judicata, a unanimous Illinois Supreme Court has affirmed the First District, Fifth Division’s decision in Hernandez v. Pritikin. A detailed discussion of the underlying...more

Illinois Supreme Court Clarifies "Theories" Versus "Claims" for Res Judicata Purposes

The basic rule of res judicata is easy enough to state: a final judgment on the merits by a court with jurisdiction bars any further actions by the parties or their privies on the same claim. But what judgments (or orders)...more

Patent Watch: Cummins, Inc. v. TAS Distrib. Co.

[R]es judicata [may attach where] the present matter relates to patent invalidity, misuse, and unenforceability [and] the prior case dealt only with enforcing the "all reasonable efforts to market and sell" under [a license...more

Three New Civil Opinions Coming From the Illinois Supreme Court Thursday

The Illinois Supreme Court has announced that on Thursday morning, it will file opinions in three new civil cases. They are: Mashal v. The City of Chicago, No. 112341 – (1) What is a 'decision on the merits' under 735...more

Four New Civil Opinions Coming From the Illinois Supreme Court Thursday

The Illinois Supreme Court has announced that on Thursday morning, it will file opinions in four civil cases heard during its September term. They are...more

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