opportunity to litigate claim (Pennsylvania) · Go Syfert
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opportunity to litigate claim in Pennsylvania

9 Pennsylvania opinions name it 3 courts 1967–2015 0 in the last five years

The cases below were cited by Pennsylvania 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 (7)

CaseFollowedCited
Ham v. Sulekgreen
pasuperct · 1993 · cited in 5 Pennsylvania opinions naming this issue, 1995–2015
2 sentences

2015See Ham v. Sulek, 620 A.2d 5, 8 (Pa. Super. 1993) (where parties have been afforded an opportunity to litigate a claim before a court of competent jurisdiction, and where the court has finally decided the controversy, the interests of the state and of the parties require that the validity of the claim and any issue actually litigated in the action not be litigated again).

2002Student cited the case of Ham v. Sulek, 422 Pa.Super. 615 , 620 A.2d 5, 8 (1993), for the proposition that res judicata applies only where a party has been "afforded an opportunity to litigate a claim.” (Student’s brief at 13.) There is no question that this is a correct statement of the law.

55
Holz v. Holzgreen
pasuperct · 2004 · cited in 1 Pennsylvania opinions naming this issue, 2015–2015
2 sentences

2015Holz v. Holz, 850 A.2d 751, 757 (Pa. Super. 2004) (citation omitted); id. at 758 (applying determination that “[f]oreign judgments are entitled to full faith and credit so long as the foreign court had jurisdiction and the defendant had the opportunity to appear and defend” to res judicata between federal and state courts).

2015Holz v. Holz, 850 A.2d 751, 757 (Pa. Super. 2004) (citation omitted); id. at 758 (applying determination that “[f]oreign judgments are entitled to full faith and credit so long as the foreign court had jurisdiction and the defendant had the opportunity to appear and defend” to res judicata between federal and state courts).

11
Scott v. Mershongreen
pasuperct · 1995 · cited in 1 Pennsylvania opinions naming this issue, 2004–2004
2 sentences

2004Scott v. Mershon, 441 Pa.Super. 551 , 657 A.2d 1304, 1306 (1995) (quotation marks and citations omitted). ¶ 13 There is no question that there is an identity of parties in both the federal and state court actions.

2004Scott v. Mershon, 441 Pa.Super. 551 , 657 A.2d 1304, 1306 (1995) (quotation marks and citations omitted). ¶ 13 There is no question that there is an identity of parties in both the federal and state court actions.

11
Hebden v. Workmen's Compensation Appeal Boardgreen
pa · 1993 · cited in 1 Pennsylvania opinions naming this issue, 2002–2002
2 sentences

2002See Restatement (Second) of Judgments § 83 (1982). [4] I note that "the term `res judicata' is a somewhat sloppy term and that it is sometimes used to cover both res judicata itself (claim preclusion) as well as collateral estoppel (`broad' res judicata or issue preclusion)." Hebden v. Workmen's Compensation Appeal Board (Bethenergy Mines, Inc.), 534 Pa. 327, 330 , 632 A.2d 1302, 1304 (1993).

2002See Restatement (Second) of Judgments § 83 (1982). [4] I note that "the term `res judicata' is a somewhat sloppy term and that it is sometimes used to cover both res judicata itself (claim preclusion) as well as collateral estoppel (`broad' res judicata or issue preclusion)." Hebden v. Workmen's Compensation Appeal Board (Bethenergy Mines, Inc.), 534 Pa. 327, 330 , 632 A.2d 1302, 1304 (1993).

11
Bell v. Beneficial Consumer Discount Co.green
pa · 1975 · cited in 1 Pennsylvania opinions naming this issue, 1985–1985
2 sentences

1985Realty, Inc. v. Cox, 472 Pa. 331, 337 , 372 A.2d 721, 724 (1977) (where order dismissing complaint with prejudice did not put litigant out of court because counter-claim had been filed, order held final because it had “practical ramification [of] ... completely depriving] the litigant of his day in court so far as his claim is concerned.”); Commonwealth v. Orsatti, 448 Pa. 72, 76 , 292 A.2d 313, 315 (1972) (where order dismissing preliminary objections with leave to amend complaint had practical effect of denying litigant an opportunity to litigate claim to damages, order held final because “a

1985Realty, Inc. v. Cox, 472 Pa. 331, 337 , 372 A.2d 721, 724 (1977) (where order dismissing complaint with prejudice did not put litigant out of court because counter-claim had been filed, order held final because it had “practical ramification [of] ... completely depriving] the litigant of his day in court so far as his claim is concerned.”); Commonwealth v. Orsatti, 448 Pa. 72, 76 , 292 A.2d 313, 315 (1972) (where order dismissing preliminary objections with leave to amend complaint had practical effect of denying litigant an opportunity to litigate claim to damages, order held final because “a

11
T. C. R. Realty, Inc. v. Coxgreen
pa · 1977 · cited in 1 Pennsylvania opinions naming this issue, 1985–1985
2 sentences

1985Realty, Inc. v. Cox, 472 Pa. 331, 337 , 372 A.2d 721, 724 (1977) (where order dismissing complaint with prejudice did not put litigant out of court because counter-claim had been filed, order held final because it had “practical ramification [of] ... completely depriving] the litigant of his day in court so far as his claim is concerned.”); Commonwealth v. Orsatti, 448 Pa. 72, 76 , 292 A.2d 313, 315 (1972) (where order dismissing preliminary objections with leave to amend complaint had practical effect of denying litigant an opportunity to litigate claim to damages, order held final because “a

1985Realty, Inc. v. Cox, 472 Pa. 331, 337 , 372 A.2d 721, 724 (1977) (where order dismissing complaint with prejudice did not put litigant out of court because counter-claim had been filed, order held final because it had “practical ramification [of] ... completely depriving] the litigant of his day in court so far as his claim is concerned.”); Commonwealth v. Orsatti, 448 Pa. 72, 76 , 292 A.2d 313, 315 (1972) (where order dismissing preliminary objections with leave to amend complaint had practical effect of denying litigant an opportunity to litigate claim to damages, order held final because “a

11
Commonwealth v. ORSATTI, INC.green
pa · 1972 · cited in 1 Pennsylvania opinions naming this issue, 1985–1985
2 sentences

1985Realty, Inc. v. Cox, 472 Pa. 331, 337 , 372 A.2d 721, 724 (1977) (where order dismissing complaint with prejudice did not put litigant out of court because counter-claim had been filed, order held final because it had “practical ramification [of] ... completely depriving] the litigant of his day in court so far as his claim is concerned.”); Commonwealth v. Orsatti, 448 Pa. 72, 76 , 292 A.2d 313, 315 (1972) (where order dismissing preliminary objections with leave to amend complaint had practical effect of denying litigant an opportunity to litigate claim to damages, order held final because “a

1985Realty, Inc. v. Cox, 472 Pa. 331, 337 , 372 A.2d 721, 724 (1977) (where order dismissing complaint with prejudice did not put litigant out of court because counter-claim had been filed, order held final because it had “practical ramification [of] ... completely depriving] the litigant of his day in court so far as his claim is concerned.”); Commonwealth v. Orsatti, 448 Pa. 72, 76 , 292 A.2d 313, 315 (1972) (where order dismissing preliminary objections with leave to amend complaint had practical effect of denying litigant an opportunity to litigate claim to damages, order held final because “a

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Freeze v. Donegal Mutual Insurance green
pa · 1982
2 sentences

1985Realty, Inc. v. Cox, 472 Pa. 331, 337 , 372 A.2d 721, 724 (1977) (where order dismissing complaint with prejudice did not put litigant out of court because counter-claim had been filed, order held final because it had “practical ramification [of] ... completely depriving] the litigant of his day in court so far as his claim is concerned.”); Commonwealth v. Orsatti, 448 Pa. 72, 76 , 292 A.2d 313, 315 (1972) (where order dismissing preliminary objections with leave to amend complaint had practical effect of denying litigant an opportunity to litigate claim to damages, order held final because “a

1985Realty, Inc. v. Cox, 472 Pa. 331, 337 , 372 A.2d 721, 724 (1977) (where order dismissing complaint with prejudice did not put litigant out of court because counter-claim had been filed, order held final because it had “practical ramification [of] ... completely depriving] the litigant of his day in court so far as his claim is concerned.”); Commonwealth v. Orsatti, 448 Pa. 72, 76 , 292 A.2d 313, 315 (1972) (where order dismissing preliminary objections with leave to amend complaint had practical effect of denying litigant an opportunity to litigate claim to damages, order held final because “a

11985–1985
Mandeville v. Canterbury green
scotus · 1943
2 sentences

1967Mandeville v. Canterbury, 318 U.S. 47 , 63 S. Ct. 472 (1943) ; see Kline v. Burke Construction Co., supra; 1A Moore, Federal Practice, supra. In the instant case, appellant, having timely filed her election to take against the will of the decedent, was entitled to notice' of the proceeding below and an opportunity to litigate her claim.

1967Mandeville v. Canterbury, 318 U.S. 47 , 63 S. Ct. 472 (1943) ; see Kline v. Burke Construction Co., supra; 1A Moore, Federal Practice, supra. In the instant case, appellant, having timely filed her election to take against the will of the decedent, was entitled to notice' of the proceeding below and an opportunity to litigate her claim.

11967–1967
Mullane v. Central Hanover Bank & Trust Co. green
scotus · 1950
2 sentences

1967Cf. Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 , 70 S. Ct. 652 (1950).

1967Cf. Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 , 70 S. Ct. 652 (1950).

11967–1967

Where else courts name it

PA 9 (1967–2015) NY 6 (1993–2008) CT 6 (1997–2026) IL 5 (2004–2020) NE 3 (2016–2018) OH 3 (2012–2022) TX 3 (1968–2022) NH 2 (1974–2020) FL 2 (2018–2018) AZ 2 (1961–1979) WY 2 (1986–1996) MD 2 (1985–2004) WA 2 (1998–1998) CA 2 (1997–2013)

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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