res judicata embraces two distinct branches doctrine (Utah) · Go Syfert
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res judicata embraces two distinct branches doctrine in Utah

10 Utah opinions name it 2 courts 2000–2024 2 in the last five years

The cases below were cited by Utah 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 (3)

CaseFollowedCited
MacRis & Associates, Inc. v. Neways, Inc.green
utah · 2000 · cited in 5 Utah opinions naming this issue, 2004–2024
2 sentences

2024“The doctrine of res judicata embraces two distinct branches: claim preclusion and issue preclusion.” Macris & Assocs., Inc. v. Neways, Inc., 2000 UT 93, ¶ 19 , 16 P.3d 1214 .

2024“The doctrine of res judicata embraces two distinct branches: claim preclusion and issue preclusion.” Macris & Assocs., Inc. v. Neways, Inc., 2000 UT 93, ¶ 19 , 16 P.3d 1214 .

15
MacK v. Utah State Department of Commercegreen
utah · 2009 · cited in 5 Utah opinions naming this issue, 2012–2024
2 sentences

2018Garrett ¶16 Cheek maintains that the state district court erred in dismissing her unnecessary rigor claims against Garrett on res judicata grounds. 5 "The doctrine of res judicata embraces two distinct branches: claim preclusion and issue preclusion." Mack v. Utah State Dep't of Commerce , 2009 UT 47 , ¶ 29, 221 P.3d 194 (citation and internal quotation marks omitted).

2018Garrett ¶16 Cheek maintains that the state district court erred in dismissing her unnecessary rigor claims against Garrett on res judicata grounds. 5 "The doctrine of res judicata embraces two distinct branches: claim preclusion and issue preclusion." Mack v. Utah State Dep't of Commerce , 2009 UT 47 , ¶ 29, 221 P.3d 194 (citation and internal quotation marks omitted).

15
Swainston v. Intermountain Health Care, Inc.green
utah · 1988 · cited in 1 Utah opinions naming this issue, 2000–2000
1 sentence

2000See Swainston v. Intermountain Health Care, 766 P.2d 1059, 1061 (Utah 1988).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
Oman v. Davis School District green
utah · 2008
2 sentences

2023Though this might be seen as a distinguishing feature of res judicata in the divorce setting, it is consistent with our statement that “[t]he principles of res judicata apply fully in the context of divorce proceedings,” Krambule v. Krambule, 1999 UT App 357, ¶ 13 , 994 P.2d 210 , cert. denied, 4 P.3d 1289 (Utah 2000), because a decision based on a changed set of material facts is not a decision on the same question as the one presented previously. 20210345-CA 10 2023 UT App 38 Nelson v. Nelson of res judicata as we analyze the potential preclusive effect of the amended decree in the order to

2023Though this might be seen as a distinguishing feature of res judicata in the divorce setting, it is consistent with our statement that “[t]he principles of res judicata apply fully in the context of divorce proceedings,” Krambule v. Krambule, 1999 UT App 357, ¶ 13 , 994 P.2d 210 , cert. denied, 4 P.3d 1289 (Utah 2000), because a decision based on a changed set of material facts is not a decision on the same question as the one presented previously. 20210345-CA 10 2023 UT App 38 Nelson v. Nelson of res judicata as we analyze the potential preclusive effect of the amended decree in the order to

22009–2023
State, Ex Rel. Da green
utah · 2009
2 sentences

2013That proposed order simply states, "IT IS HEREBY ORDERED that the above matter be dismissed based on the motion of the Murray City Prosecutor." 180 "The doctrine of res judicata embraces two distinct branches: claim pre *674 clusion and issue preclusion." Mack v. Utah State Dep't of Commerce, 2009 UT 47, ¶ 29 , 221 P.3d 194 (citation and internal quotation marks omitted). "[Cllaim preclusion corresponds to causes of action," id. (alteration in original), and "bars a party from prosecuting in a subsequent action a claim that has been fully litigated previously," In re D.A., 2009 UT 83, ¶ 33 , 2

2013That proposed order simply states, "IT IS HEREBY ORDERED that the above matter be dismissed based on the motion of the Murray City Prosecutor." 180 "The doctrine of res judicata embraces two distinct branches: claim pre *674 clusion and issue preclusion." Mack v. Utah State Dep't of Commerce, 2009 UT 47, ¶ 29 , 221 P.3d 194 (citation and internal quotation marks omitted). "[Cllaim preclusion corresponds to causes of action," id. (alteration in original), and "bars a party from prosecuting in a subsequent action a claim that has been fully litigated previously," In re D.A., 2009 UT 83, ¶ 33 , 2

22013–2013
Pioneer Home v. TaxHawk green
utahctapp · 2019
1 sentence

2023Though this might be seen as a distinguishing feature of res judicata in the divorce setting, it is consistent with our statement that “[t]he principles of res judicata apply fully in the context of divorce proceedings,” Krambule v. Krambule, 1999 UT App 357, ¶ 13 , 994 P.2d 210 , cert. denied, 4 P.3d 1289 (Utah 2000), because a decision based on a changed set of material facts is not a decision on the same question as the one presented previously. 20210345-CA 10 2023 UT App 38 Nelson v. Nelson of res judicata as we analyze the potential preclusive effect of the amended decree in the order to

12023–2023
Nelson v. Nelson green
utahctapp · 2023
1 sentence

2023Though this might be seen as a distinguishing feature of res judicata in the divorce setting, it is consistent with our statement that “[t]he principles of res judicata apply fully in the context of divorce proceedings,” Krambule v. Krambule, 1999 UT App 357, ¶ 13 , 994 P.2d 210 , cert. denied, 4 P.3d 1289 (Utah 2000), because a decision based on a changed set of material facts is not a decision on the same question as the one presented previously. 20210345-CA 10 2023 UT App 38 Nelson v. Nelson of res judicata as we analyze the potential preclusive effect of the amended decree in the order to

12023–2023
Krambule v. Krambule green
utahctapp · 1999
2 sentences

2023Though this might be seen as a distinguishing feature of res judicata in the divorce setting, it is consistent with our statement that “[t]he principles of res judicata apply fully in the context of divorce proceedings,” Krambule v. Krambule, 1999 UT App 357, ¶ 13 , 994 P.2d 210 , cert. denied, 4 P.3d 1289 (Utah 2000), because a decision based on a changed set of material facts is not a decision on the same question as the one presented previously. 20210345-CA 10 2023 UT App 38 Nelson v. Nelson of res judicata as we analyze the potential preclusive effect of the amended decree in the order to

2023Though this might be seen as a distinguishing feature of res judicata in the divorce setting, it is consistent with our statement that “[t]he principles of res judicata apply fully in the context of divorce proceedings,” Krambule v. Krambule, 1999 UT App 357, ¶ 13 , 994 P.2d 210 , cert. denied, 4 P.3d 1289 (Utah 2000), because a decision based on a changed set of material facts is not a decision on the same question as the one presented previously. 20210345-CA 10 2023 UT App 38 Nelson v. Nelson of res judicata as we analyze the potential preclusive effect of the amended decree in the order to

12023–2023
Hansen v. Bank of New York Mellon green
utahctapp · 2013
2 sentences

2013On Defendants’ motions, the district court dismissed Hansen’s claims with prejudice, concluding that they were barred by res judicata as a result of the dismissal of the federal suit. ¶5 “The doctrine of res judicata embraces two distinct branches: claim preclusion and issue preclusion.” Mack v. Utah State Dep’t of Commerce, 2009 UT 47, ¶ 29 , 221 P.3d 194 (citation and internal 20120010‐CA 2 2013 UT App 132 Hansen v. Bank of New York Mellon quotation marks omitted).

2013Only claim preclusion is at issue here.1 “[C]laim preclusion corresponds to causes of action,” id. (alteration in original) (citation and internal quotation marks omitted), and “bars a party from prosecuting in a subsequent action a claim that has been fully litigated previously,” In re D.A., 2009 UT 83, ¶ 33 , 222 P.3d 1172 (citation and internal quotation marks omitted).

12013–2013

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