res judicata

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  • noun

Synonyms for res judicata

a matter already settled in court

References in periodicals archive ?
Claim preclusion is applicable if there was a prior DEA proceeding in which the respondent had a full and fair opportunity to litigate the claims.
2010) ("The basic difference between claim preclusion and issue preclusion is simply put: claim preclusion applies to whole claims, whether litigated or not, whereas issue preclusion applies to particular issues that have been contested and resolved.
The arbitrator decided that claim preclusion did not apply because the Cirilli plaintiffs had not shown privity with the Reis plaintiffs.
1st DCA 2011), when it wrote, "'res judicata' itself is a venerable and broad term that refers to preclusion generally and encompasses both claim preclusion and issue preclusion (i.
143) In Semtek, the Court rejected arguments that concerns about uniformity required the adoption of a single federal standard for determining the claim preclusion effect of the disposition of diversity actions.
I also wrote that the concept of claim preclusion is also referred to as "the rule against splitting a [single] cause of action.
1 law of the case or Criteria for for purposes of designation as Unpublished opinions asserting issue or opinion: decision issued before claim preclusion establishes, alters, January 1, 2007, may modifies, or be cited to clarifies rule of establish law of the law; calls attention case; to establish to rule of law claim or issue apparently preclusion; for overlooked; factual purposes, criticizes existing such as to show law; involves legal double jeopardy or issue of unique sanctionable interest or conduct; in a substantial public request for importance; disposes publication or of case in which rehearing; or to there was a show the existence published opinion of a conflict below; disposes of a case upon its reversal by or on remand from the U.
Policy Arguments Against Enforcement of Claim Preclusion in
53) The court goes on to state that because the plaintiff's COFC claims were based on the same transactional facts as its nine appeals to the ASBCA, the claim preclusion aspect of res judicata barred the action.
75 (1984), which held that state court litigation has a claim preclusion effect in subsequent [section] 1983 litigation, and Allen v.
A recent issue included treatment of: insurer's refusal to consent to third-party settlement; denial of disability benefits, incomplete investigations, breach of contract, flood related claim preemption by federal law, claim preclusion and disability claims.
Several circuit courts of appeal have interpreted the case as creating an exception to the common law of claim preclusion, meaning that an adverse state court judgment on the inverse condemnation claim cannot bar a subsequent federal takings claim.
The hospital moved to dismiss the suit based on claim preclusion.
Claim preclusion was not at issue in Vandenberg because Case 1, the arbitration dispute, was Boyd v.