as to whether or not res judicata
or collateral estoppel may apply
Although other reasons may have contributed, the Court of Session chose to conduct a preliminary inquiry into standing in part to ensure the proper operation of preclusion, or res judicata
The Court acknowledged that a foreclosure proceeding's unique nature as an equitable remedy necessitated the result in Singleton, which stood for the proposition that, for res judicata
purposes, a lender's failure to foreclose on one alleged default did not mean that the borrower had successfully defeated his or her continuing obligation to make payments on the note.
Lewis said while he agreed with the result, he was uneasy about applying a decision on res judicata
to a case involving a statute of limitations provision in Florida laws, which are enacted by the Legislature.
, a common-law doctrine, prevents the same
When a court is willing to grant a Defendant-Oriented Injunction, res judicata
applies asymmetrically to the plaintiffs and defendants.
If the validity or otherwise of a jurisdiction agreement is res judicata
, the local court will be prevented by the principles of private international law from deciding for itself whether the agreement is valid.
Cannon Building of Troy Associates, 305 AD2d 897 [3rd Dept 2003] [second arbitration is barred by the doctrine of res judicata
as it involved the same parties and precisely the same issues]; In re State of New York Office of Mental Health, 46 AD3d 1269 [3rd Dept 2007]; New York Telephone Co.
95) As such certain procedural considerations need to be addressed, namely admissibility of an ICC finding as evidence, standard of proof, and the doctrine of res judicata
bound the PCF by relying on the doctrine of res judicata
(126) and the
The learned counsel then argued that the finding with respect to the question of application of principle of res judicata
was also illegally decided by the learned Insurance Tribunal as admittedly the write petition which was instituted by the petitioner, was not decided on merits which facts has not been controverted by the learned counsel for the respondent and it was argued that only parawise comments were requisitioned in the said writ petition and no final decision was pronounced.
29) However, res judicata
could not operate to prevent the legislature from enacting a declaratory law to negate the determination of an issue in a case that was still before the courts, which could be seen as the intention of the legislature in this instance.
The res judicata
is a constitutional guarantee that aims at protecting the value certainty through the impossibility of review and modification of judicial decisions on which it focuses.
It reflects amendments to the Federal Rules of Civil Procedure and covers important new Supreme Court cases on personal jurisdiction, federal jurisdiction, pleading class action, res judicata
, and the Erie doctrine.
The employees had sought to argue that their dismissals had been unfair due to an "abuse of process" and that the principle of res judicata
applied, which could have prevented the Council from re-opening the disciplinary case against them.