News & Analysis as of

Res Judicata Arbitration

Marshall Dennehey

Ohio Reviews Exceptions to Res Judicata for the First Time

Marshall Dennehey on

AJZ’s Hauling, LLC v. TruNorth Warranty Programs of North America, 2023-Ohio-3097 - Ohio has recognized that there are exceptions to the application of res judicata in extraordinary circumstances but has never applied such an...more

Hogan Lovells

Paris court clarifies the scope of enforcement of awards set aside at the seat

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In the recent decision of SGS v. Benin, the Paris Court of Appeal clarified its previous approach of accepting to enforce awards set aside at their seat, which had taken place in this case under OHADA law. However, the Court...more

Carlton Fields

Fourth Circuit Refuses to Create a Less Deferential Standard of Review for Arbitral Decisions That Implicate Res Judicata or...

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In a dispute between Constellium Rolled Products Ravenswood LLC and a labor union, Constellium argued that an arbitrator’s award against Constellium was contrary to a prior court decision involving the same parties and...more

Carlton Fields

Denied: Pro Se Litigant’s Petition to Confirm Arbitration Award He Rendered Against Republican National Committee

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Peter Wirs has filed a series of actions against the Republican National Committee since at least 2009. Not finding success in the courts, he apparently decided to arbitrate his claims against the RNC, with “Wirs himself...more

Farrell Fritz, P.C.

Affirmatively Plead Your Defenses, or Risk “Waiving” Them Goodbye

Farrell Fritz, P.C. on

Many litigants are familiar with the well-settled rule that an affirmative defense will be waived if it is not included in a CPLR 3211(a) motion to dismiss or in the answer (see CPLR 3211[e]).   And so, lawyers tasked with...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 19, 2019

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Real Property Update - • Special Tax District Bond Validation: hospital center special tax district could not validate bonds intended to finance the construction of a hospital outside the geographic boundaries established...more

Carlton Fields

Second Circuit Rebuffs Attempt To Address In Federal Court Action Relief Previously Denied In State Court Suit

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The Second Circuit has held that a federal district court reached the correct result but for the wrong reason when it dismissed a complaint seeking a declaratory judgment that the plaintiff was not subject to a contract...more

Carlton Fields

Appeal it All! Guarding Against Multiple, Independent Grounds

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You’ve identified a killer issue for appeal, no doubt a winner. Congratulations! You still lose. How can that be? In Novum Structures, LLC v. Choate Construction Company, Inc., 698 Fed. Appx. 608 (11th Cir. 2017), the...more

Troutman Pepper

Appellate Court Holds That The New Mexico Unfair Practices Act Applies To A “Services” Contract For The Construction Of A Home,...

Troutman Pepper on

Fogelson v. Bozzone, 2017 N.M. App. LEXIS 58 (July 26, 2017) - In May of 2008, Wallen Development, LLC (“Wallen”) entered into a written agreement to construct and sell a new home to David and Corinne Fogelson...more

Bass, Berry & Sims PLC

Chris Lazarini Examines Dismissal of Claims Applying Res Judicata Standard

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Bass, Berry & Sims attorney Chris Lazarini examined a case filed by Morgan Stanley against Defendant in a FINRA arbitration over an un-paid promissory note. The Defendant answered without asserting counterclaims, but later...more

Bass, Berry & Sims PLC

Chris Lazarini Provides Insight on Lawsuit Dismissal on Res Judicata Grounds

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Bass, Berry & Sims attorney Chris Lazarini provided insight on a lawsuit involving a former broker of Wells Fargo who sued the firm in state court for fraud and personal injury when the company initiated a foreclosure action...more

Troutman Pepper

Connecticut Appellate Court Holds That Owner’s Loss in Arbitration to General Contractor on Claims of Defective Work Operates as...

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Girolametti v. Michael Horton Assoc., 2017 Conn. App. Lexis 228 (June 6, 2017) - A General Contractor brought claims for unpaid added work, via mandatory arbitration, against a building owner who asserted defective work...more

Proskauer - Whistleblower Defense

S.D.N.Y. Dismisses Dodd-Frank Whistleblower Claim Because Retaliation Claims Were Already Arbitrated

The Southern District of New York recently dismissed Dodd-Frank whistleblower retaliation claims brought by an employer’s ex-President and an ex-Director pursuant to Rule 12(b)(6) on res judicata grounds, determining that...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19494 - State v. Berrios - Appellate Court Advance Release Opinions: AC37045 - Hickey v. Commissioner of Correction - AC33954 - Burr Road Operating Co. II, LLC v....more

Bennett Jones LLP

One Arbitration Binds the Next: Alberta Court of Appeal Says Res Judicata Applies to Arbitrations

Bennett Jones LLP on

The doctrines of res judicata and issue estoppel can, as a matter of law, apply to subsequent arbitration proceedings, the Alberta Court of Appeal recently held in Enmax Energy Corporation v TransAlta Generation Partnership,...more

Brooks Pierce

Should An Arbitrator Or A Judge Be The One To Decide Whether An Arbitration Is Barred By Res Judicata

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There are all sorts of questions when court proceedings run alongside an arbitration dispute. Who decides issues that cut across both? Judge? Arbitrator?...more

Blake, Cassels & Graydon LLP

Arbitration Outcomes Not Binding on Subsequent Arbitration Panels, Court Rules

A recent Alberta Court of Queen's Bench decision in ENMAX Energy Corporation v. TransAlta Generation Partnership addresses long-standing legal principles such as stare decisis and res judicata in the context of arbitration...more

Carlton Fields

Rhode Island Supreme Court Bars Second Arbitration Based On The Doctrine Of Res Judicata

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An architectural firm contracted to provide architectural, engineering and design services for a state veterans home for a “not to exceed fee” of $61,500, which was calculated as a percentage of overall expected construction...more

Hinshaw & Culbertson LLP

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

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