res judicata bars a second suit doctrine (Tennessee) · Go Syfert
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res judicata bars a second suit doctrine in Tennessee

36 Tennessee opinions name it 3 courts 1983–2022 3 in the last five years

The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (13)

CaseFollowedCited
Massengill v. Scottgreen
tenn · 1987 · cited in 18 Tennessee opinions naming this issue, 1990–2021
2 sentences

2017The doctrine of res judicata bars a second suit between the same parties or their privies on the same cause of action with respect to all issues which were or could have been litigated in the former suit.” Napolitano, 2017 WL 2265593 , at *11 (quoting Creech v. Addington, 281 S.W.3d 363, 376 (Tenn. 2009) (citing Massengill v. Scott, 738 S.W.2d 629, 631 (Tenn. 1987)).

2013“The doctrine of res judicata bars a second suit between the same parties or their privies on the same cause of action with respect to all issues which were or could have been litigated in the former suit.” Creech v. Addington, 281 S.W.3d 363 (Tenn. 2009) (citing Massengill, 738 S.W.2d at 631 ) (emphasis added).

1318
Goeke v. Woodsgreen
tenn · 1989 · cited in 9 Tennessee opinions naming this issue, 1999–2009
2 sentences

2009DISCUSSION A. Res Judicata “‘The doctrine of res judicata bars a second suit between the same parties or their privies on the same cause of action with respect to all issues which were or could have been litigated in the former suit.’”7 Richardson v. Tenn. Bd. of Dentistry, 913 S.W.2d 446, 459 (Tenn. 1995) (quoting Goeke v. Woods, 777 S.W.2d 347, 349 (Tenn. 1989)).

2003We have recently discussed the doctrine [...] as follows: The doctrine of res judicata bars a second suit between the same parties or their privies on the same cause of action with respect to all issues which were or could have been litigated in the former suit.[...] Goeke v. Woods, 777 S.W.2d 347, 349 (Tenn.1989) (quoting from Massengill v. Scott, 738 S.W.2d 629, 631 (Tenn.1987)).

99
Richardson v. Tennessee Board of Dentistrygreen
tenn · 1995 · cited in 4 Tennessee opinions naming this issue, 2001–2012
2 sentences

2009DISCUSSION A. Res Judicata “‘The doctrine of res judicata bars a second suit between the same parties or their privies on the same cause of action with respect to all issues which were or could have been litigated in the former suit.’”7 Richardson v. Tenn. Bd. of Dentistry, 913 S.W.2d 446, 459 (Tenn. 1995) (quoting Goeke v. Woods, 777 S.W.2d 347, 349 (Tenn. 1989)).

2005“The doctrine of res judicata bars a second suit between the same parties or their privies on the same cause of action with respect to all issues which were or could have been litigated in the former suit.” Richardson v. Tennessee Board of Dentistry, 913 S.W.2d 446, 459 (Tenn. 1995) (quoting Massengill v. Scott, 738 S.W.2d 629, 631 (Tenn. 1987)).

44
Wall v. Wallgreen
tennctapp · 1995 · cited in 4 Tennessee opinions naming this issue, 1996–2007
2 sentences

2007Wall v. Wall, 907 S.W.2d 829, 882 (Tenn.App.1995).

1997We discuss the following two issues together: 1) “[w]hether the trial court erred in continuing to retain custody of the minor children with the Mother”; and 2) “[w]hether the trial court erred in reducing Father's weekday visitation and restricting telephone calls to the children.” “The doctrine of res judicata bars a second suit between the same parties on the same cause of action with respect to all issues which were or could have been brought in the former suit.” Wall v. Wall, 907 S.W.2d 829, 832 (Tenn. App. 1995).

44
Creech v. Addingtongreen
tenn · 2009 · cited in 4 Tennessee opinions naming this issue, 2011–2017
2 sentences

2017The doctrine of res judicata bars a second suit between the same parties or their privies on the same cause of action with respect to all issues which were or could have been litigated in the former suit.” Napolitano, 2017 WL 2265593 , at *11 (quoting Creech v. Addington, 281 S.W.3d 363, 376 (Tenn. 2009) (citing Massengill v. Scott, 738 S.W.2d 629, 631 (Tenn. 1987)).

2013“The doctrine of res judicata bars a second suit between the same parties or their privies on the same cause of action with respect to all issues which were or could have been litigated in the former suit.” Creech v. Addington, 281 S.W.3d 363 (Tenn. 2009) (citing Massengill, 738 S.W.2d at 631 ) (emphasis added).

34
Jeanette Rea Jackson v. Bradley Smithgreen
tenn · 2012 · cited in 3 Tennessee opinions naming this issue, 2014–2015
2 sentences

2015Jackson v. Smith, 387 S.W.3d 486, 491 (Tenn. 2012).

2015Jackson v. Smith, 387 S.W.3d 486, 491 (Tenn. 2012).

23
Gibson Lumber Co. v. Neely Coble Co.green
tennctapp · 1983 · cited in 2 Tennessee opinions naming this issue, 1985–1990
2 sentences

1990Massengill v. Scott, 738 S.W.2d 629, 631 (Tenn.1987); Gibson Lumber Co. v. Neely Coble Co., 651 S.W.2d 232, 233-34 (Tenn.Ct.App.1983).

1985We noted in Gibson as follows: “Application of the doctrine of res judicata bars a second suit between the same parties and their privies on the same cause of action as to all issues which were or could have been litigated in the former suit (citation omitted).” Gibson, 651 S.W.2d at 234 .

12
Sweatt v. Tennessee Department of Correctiongreen
tennctapp · 2002 · cited in 1 Tennessee opinions naming this issue, 2017–2017
1 sentence

2017“The primary purposes of the doctrine are to promote finality in litigation, prevent inconsistent or contradictory judgments, conserve legal resources, and protect litigants from the cost and vexation of multiple lawsuits.” Creech, 281 S.W.3d at 376 (citing Sweatt v. Tenn. Dep’t of Corr., 88 S.W.3d 567, 570 (Tenn. Ct. App. 2002)).

11
Lien v. Couchgreen
tennctapp · 1998 · cited in 1 Tennessee opinions naming this issue, 2001–2001
1 sentence

2001The purpose of the doctrine is to “promote[] finality in litigation.” Lien v. Couch, 993 S.W.2d 53, 55 (Tenn. Ct. App. 1998) (citing Moulton v. Ford Motor Co., 533 S.W.2d 295, 296 (Tenn.1976)).

11
Moulton v. Ford Motor Co.green
tenn · 1976 · cited in 1 Tennessee opinions naming this issue, 2001–2001
1 sentence

2001The purpose of the doctrine is to “promote[] finality in litigation.” Lien v. Couch, 993 S.W.2d 53, 55 (Tenn. Ct. App. 1998) (citing Moulton v. Ford Motor Co., 533 S.W.2d 295, 296 (Tenn.1976)).

11
Hampton v. Tennessee Truck Sales, Inc.green
tennctapp · 1999 · cited in 1 Tennessee opinions naming this issue, 2000–2000
1 sentence

2000Hampton v. Tennessee Truck Sales, Inc., 993 S.W.2d 643, 645 (Tenn. Ct. App. 1999).

11
Collins v. Greene County Bankgreen
tennctapp · 1995 · cited in 1 Tennessee opinions naming this issue, 1999–1999
1 sentence

1999Penn-America Insurance Company v. Crittenden, 984 S.W.2d 231 (Tenn. Ct. App. 1998); Collins v. Greene County Bank, 916 S.W.2d 941, 945 (Tenn. Ct. App. 1995)(emphasis added).

11
Woodard v. Woodardgreen
tennctapp · 1989 · cited in 1 Tennessee opinions naming this issue, 1997–1997
1 sentence

1997An award of custody is res judicata, absent a finding of a “change in material circumstances affecting the welfare of the children.” Woodard v. Woodard, 783 S.W.2d 188, 189 (Tenn. App. 1989). -5- When two people join in conceiving a child, they select that child’s natural parents.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Stacks v. Saunders green
tennctapp · 1990
2 sentences

2003Massengill v. Scott, Tenn.1987, 738 S.W.2d 629 ; Stacks v. Saunders, Tenn.App.1990, 812 S.W.2d 587 .

1995Massengill v. Scott, Tenn.1987, 738 S.W.2d 629 ; Stacks v. Saunders, Tenn.App.1990, 812 S.W.2d 587 .

21995–2003
Allan F. White Jr. v. Bradley County Government neutral
tennctapp · 2021
1 sentence

2022Collateral estoppel operates to bar a second suit between the same parties and their privies on a different cause of action only as to issues which were actually litigated and determined in the former suit.” Id. (footnote omitted). -6- and decided on the merits in the earlier proceeding, (3) that the judgment in the earlier proceeding has become final, (4) that the party against whom collateral estoppel is asserted was a party or is in privity with a party to the earlier proceeding, and (5) that the party against whom collateral estoppel is asserted had a full and fair opportunity in the earli

12022–2022
Cromwell v. County of Sac green
scotus · 1877
1 sentence

2009In other words, “the judgment on the first suit operates as collateral estoppel as to, but only to, those matters . . . which were in issue . . . and upon the determination of which the initial judgment necessarily depended.” Id. -8- The doctrine of res judicata bars a second suit between the same parties or their privies on the same cause of action with respect to all issues which were or could have been litigated in the former suit.

12009–2009
Penn-America Insurance Co. v. Crittenden green
tennctapp · 1998
1 sentence

1999Penn-America Insurance Company v. Crittenden, 984 S.W.2d 231 (Tenn. Ct. App. 1998); Collins v. Greene County Bank, 916 S.W.2d 941, 945 (Tenn. Ct. App. 1995)(emphasis added).

11999–1999
Phillips v. Pittsburgh Consolidated Coal Co. green
tenn · 1976
1 sentence

1987Rule 56.03, Tennessee Rules of Civil Procedure; Phillips v. Pittsburg Consolidated Coal Company, Tenn., 541 S.W.2d 411 (1976). *631 The doctrine of res judicata bars a second suit between the same parties or their privies on the same cause of action with respect to all issues which were or could have been litigated in the former suit.

11987–1987
Scales v. Scales green
tennctapp · 1977
1 sentence

1983Application of the doctrine of res judicata bars a second suit between the same parties and their privies on the same cause of action as to all issues which were or could have been litigated in the former suit, Scales v. Scales (1977 Tenn.App.M.S.), 564 S.W.2d 667 .

11983–1983

Statutes the citing opinions construe

USC § 42u.s.c.1983 (4) TN § Tenn. Code Ann. § 36-6-101 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TN 36 (1983–2022) TX 6 (2008–2011)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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