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15 Mississippi opinions name it 2 courts 1957–2025 3 in the last five years
The cases below were cited by Mississippi 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.
| Case | Followed | Cited |
|---|---|---|
Dunaway v. WH Hopper & Associates, Inc.green2 sentences2021Hooper & Associates Inc., 422 So. 2d 749, 751 (Miss. 1982) (Under the related doctrine of collateral estoppel, “the parties will be precluded from relitigating a specific issue actually litigated, determined by, and essential to the judgment in a former action, even though a different cause of action is the subject of the subsequent action.”). ¶16. 1998Hopper & Assocs., 422 So.2d 749 (Miss.1982). ¶ 9. | 1 | 3 |
Shelton v. Sheltongreen1 sentence2025But we find that a related principle is relevant here, namely, “the principle that ‘[t]he doctrine of unclean hands cannot override the chancellor’s duty to award custody in the best interests of the child.’” Stewart, 309 So. 3d at 71 (¶75) (quoting Shelton v. Shelton, 653 So. 2d 283, 287 (Miss. 1995)). | 1 | 1 |
Carl Ronnie Daricek Living Trust v. Hancock County Ex Rel. Board of Supervisorsgreen1 sentence2016Bd. of Sup’rs, 34 So.3d 587, 599 (¶ 25) (Miss.2010) (quotation marks omitted). | 1 | 1 |
Tupelo Redevelopment Agency v. Gray Corp.green1 sentence2012See Tupelo Redevelopment Agency v. Gray Corp., Inc., 972 So.2d 495, 514-15 (¶¶ 56-59) (Miss.2007). | 1 | 1 |
Battaya v. Stategreen1 sentence2011Id. at 367-68 (¶¶ 16-17). | 1 | 1 |
Scarano v. Central R. Co. Of New Jerseygreen1 sentence2003Scarano v. Central Railroad Co., 203 F.2d 510, 513 (3d Cir.1953). | 1 | 1 |
Bender v. Peaygreen1 sentence1990The doctrine additionally "protects the integrity of judgments by preventing inconsistent results." Bender v. Peay, 433 N.E.2d 788, 792 (Ind. App. 1982) (Neal, J., dissenting) (citing numerous authorities). | 1 | 1 |
Michael J. Roy and Dorothy M. Roy v. Jasper Corporation D/b/a/ Adjusto Equipment Company and Ronthor, Division of Evans Products Companygreen1 sentence1990ANALYSIS A. Collateral Estoppel: A Multi-Purpose Doctrine The doctrine of "`[c]ollateral estoppel [issue preclusion], like the related doctrine of res judicata [claim preclusion], has the dual purpose of protecting litigants from the burden of relitigating an identical issue ... and of providing judicial economy.'" Roy v. Jasper Co., 666 F.2d 714, 715 (1st Cir.1981) (loss-of-consortium action in which collateral estoppel applied) (quoting Parklane Hosiery Co. v. Shore, 439 U.S. 322, 326 , 99 S.Ct. 645, 649 , 58 L.Ed.2d 552, 559 (1979)). | 1 | 1 |
Parklane Hosiery Co. v. Shoregreen2 sentences1990ANALYSIS A. Collateral Estoppel: A Multi-Purpose Doctrine The doctrine of "`[c]ollateral estoppel [issue preclusion], like the related doctrine of res judicata [claim preclusion], has the dual purpose of protecting litigants from the burden of relitigating an identical issue ... and of providing judicial economy.'" Roy v. Jasper Co., 666 F.2d 714, 715 (1st Cir.1981) (loss-of-consortium action in which collateral estoppel applied) (quoting Parklane Hosiery Co. v. Shore, 439 U.S. 322, 326 , 99 S.Ct. 645, 649 , 58 L.Ed.2d 552, 559 (1979)). 1990ANALYSIS A. Collateral Estoppel: A Multi-Purpose Doctrine The doctrine of "`[c]ollateral estoppel [issue preclusion], like the related doctrine of res judicata [claim preclusion], has the dual purpose of protecting litigants from the burden of relitigating an identical issue ... and of providing judicial economy.'" Roy v. Jasper Co., 666 F.2d 714, 715 (1st Cir.1981) (loss-of-consortium action in which collateral estoppel applied) (quoting Parklane Hosiery Co. v. Shore, 439 U.S. 322, 326 , 99 S.Ct. 645, 649 , 58 L.Ed.2d 552, 559 (1979)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re Adoption of DNT
green
2 sentences2011This Court finds that res judicata should not bar James from presenting evidence of his job loss, which occurred after the effective date of the Order. 3 This Court has stated that “[n]unc pro tunc signifies now for then, or in other words, a thing is done now, which shall have [the] same legal force and effect as if done at [the] time when it ought to have been done.” In re D.N.T., 843 So.2d 690 , 697 n. 8 (Miss.2003) (quoting Black’s Law Dictionary 964 (5th ed. 1979)) (emphasis added). 2010This Court finds that res judicata should not bar James from presenting evidence of his job loss, which occurred after the effective date of the Order.3 This Court has stated that “[n]unc pro tunc signifies now for then, or in other words, a thing is done now, which shall have [the] same legal force and effect as if done at [the] time when it ought to have been done.” In re D.N.T., 843 So. 2d 690 , 697 n.8 (Miss. 2003) (quoting Black's Law Dictionary 964 (5th ed. 1979)) (emphasis added). | 2 | 2010–2011 |
Board of Supervisors of George County v. Bailey
green
2 sentences1980While the legislature can view the full spectrum of the problem, the courts, which do not have the means or facilities to adequately study the problem or provide the remedy, can only deal with the problem on a case by case basis. ( 236 So.2d at 423 ). 1971While the legislature can view the full spectrum of the problem, the courts, which do not have the means or facilities to adequately *322 study the problem or provide the remedy, can only deal with the problem on a case by case basis. [5] Sound policy and proper regard for the traditional notion that the matter is a legislative question should cause the courts to refrain from judicially engrafting an amendment to Section 2505. ( 236 So.2d at 422-423 ). | 2 | 1971–1980 |
Matter of Estate of Petrick
green
1 sentence2023Id. | 1 | 2023–2023 |
City of Greenville v. Laury
green
2 sentences1957In City of Greenville v. Laury, 172 Miss. 118 , 159 So. 121 , this Court said: “In an action of law based on negligence, the question of negligence vel non is for the determination of the jury, unless the doing of the act which caused the injury complained of is not in dispute or conclusively appears from the evidence, and no inference except that of negligence or of no negligence can be justly drawn therefrom, in which event the question is for the determination of the trial judge.” There is, of course, the related rule that where the verdict is against the great weight of the evidence, this 1957In City of Greenville v. Laury, 172 Miss. 118 , 159 So. 121 , this Court said: “In an action of law based on negligence, the question of negligence vel non is for the determination of the jury, unless the doing of the act which caused the injury complained of is not in dispute or conclusively appears from the evidence, and no inference except that of negligence or of no negligence can be justly drawn therefrom, in which event the question is for the determination of the trial judge.” There is, of course, the related rule that where the verdict is against the great weight of the evidence, this | 1 | 1957–1957 |
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.