issue preclusion doctrine (Missouri) · Go Syfert
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issue preclusion doctrine in Missouri

8 Missouri opinions name it 2 courts 1983–2021 1 in the last five years

The cases below were cited by Missouri 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 (5)

CaseFollowedCited
Sexton v. Jenkins & Associates, Inc.green
mo · 2004 · cited in 1 Missouri opinions naming this issue, 2021–2021
1 sentence

2021The doctrine of issue preclusion (also known as collateral estoppel) “precludes re-litigation of an issue previously decided and incorporated into an earlier judgment.” Sexton v. Jenkins & Assocs., Inc., 152 S.W.3d 270, 273 (Mo. banc 2004).

11
Anderson v. Crawfordgreen
moctapp · 2010 · cited in 1 Missouri opinions naming this issue, 2015–2015
1 sentence

2015Standard of Review In reviewing a judgment on the pleadings for a defendant, the plaintiffs “pleadings are liberally construed and all alleged facts are accepted as true and construed in a light most favorable to the pleader.” Anderson v. Crawford, 309 S.W.3d 863, 866 (Mo.App. 2010).

11
Woods v. Mehlville Chrysler-Plymouth, Inc.green
moctapp · 2006 · cited in 1 Missouri opinions naming this issue, 2009–2009
1 sentence

2009“Under the doctrine of issue preclusion, a party is barred from raising an issue in a subsequent proceeding if: (1) the issue decided in the prior proceeding was identical to the issue presented in the current action; (2) the prior judgment resulted in a judgment on the merits; (3) the party against whom issue preclusion is asserted was a party or in privity with the party in the prior proceeding; and (4) the party had a full and fair opportunity to litigate the issues in the prior proceeding.” Woods v. Mehlville Chrysler-Plymouth, 198 S.W.3d 165, 168 (Mo.App.

11
Shores v. Express Lending Services, Inc.green
moctapp · 1999 · cited in 1 Missouri opinions naming this issue, 2006–2006
1 sentence

2006See Shores, 998 S.W.2d at 126 .

11
American Polled Hereford Ass'n v. City of Kansas Citygreen
mo · 1982 · cited in 1 Missouri opinions naming this issue, 1983–1983
1 sentence

1983Although as the putative grandmother she arguably had some interest in the question of the paternity of Barry Noel, “privity within the meaning of the doctrine of issue preclusion ... is not established from the mere fact that persons may happen to be interested in the same question, or in proving or disproving the same state of facts.” American Polled Hereford Assoc. v. City of Kansas City, 626 S.W.2d 237, 241 (Mo.1982).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Hudson v. Carr green
mo · 1984
2 sentences

2009Hudson v. Carr, 668 S.W.2d 68 (Mo. banc 1984), and Oates v. Safeco Ins.

2009Hudson v. Carr, 668 S.W.2d 68 (Mo. banc 1984), and Oates v. Safeco Ins.

12009–2009
Metal Exchange Corp. v. J.W. Terrill, Inc. green
moctapp · 2005
1 sentence

2006Id.

12006–2006
Thoma v. Thoma green
nmctapp · 1996
1 sentence

2003Id.

12003–2003
Postal Telegraph Cable Co. v. City of Newport green
scotus · 1918
2 sentences

1983In that case, the Supreme Court cited and quoted at 242, Postal Telegraph Cable Co. v. Newport, 247 U.S. 464, 476 , 38 S.Ct. 566, 570 , 62 L.Ed. 1215 (1918) as follows: The doctrine of res judicata rests at bottom upon the ground that the party to be affected ... has litigated or had an opportunity to litigate the same matter in a former action in a court of competent jurisdiction.. ..

1983In that case, the Supreme Court cited and quoted at 242, Postal Telegraph Cable Co. v. Newport, 247 U.S. 464, 476 , 38 S.Ct. 566, 570 , 62 L.Ed. 1215 (1918) as follows: The doctrine of res judicata rests at bottom upon the ground that the party to be affected ... has litigated or had an opportunity to litigate the same matter in a former action in a court of competent jurisdiction.. ..

11983–1983
Allen v. McCurry green
scotus · 1980
2 sentences

1983The objective of the issue preclusion doctrine is to relieve the parties from the cost and vexation of multiple litigations, to conserve judicial resources and to encourage reliance on adjudication by avoidance of inconsistent decisions [Allen v. McCurry, 449 U.S. 90, 95 , 101 S.Ct. 411, 415 , 66 L.Ed.2d 308 (1980) ] — and not to subvert appeals.

1983The objective of the issue preclusion doctrine is to relieve the parties from the cost and vexation of multiple litigations, to conserve judicial resources and to encourage reliance on adjudication by avoidance of inconsistent decisions [Allen v. McCurry, 449 U.S. 90, 95 , 101 S.Ct. 411, 415 , 66 L.Ed.2d 308 (1980) ] — and not to subvert appeals.

11983–1983

Where else courts name it

CA 97 (1991–2026) MA 53 (1983–2025) OH 46 (1996–2025) OR 45 (1990–2025) IA 42 (1977–2026) WI 40 (1990–2026) CO 24 (1993–2026) OK 23 (1985–2018) TN 22 (1996–2026) CT 20 (1985–2025) TX 19 (1990–2021) AZ 12 (1995–2024) NY 12 (1981–2004) VT 9 (1995–2026) NV 9 (2000–2018) MO 8 (1983–2021) UT 8 (1998–2026) IL 8 (1992–2026) NM 7 (1994–2015) NJ 7 (1990–2021) KY 6 (1997–2024) HI 6 (1986–2024) DC 6 (1986–2010) AR 6 (2002–2025) PA 6 (1983–2005) DE 5 (2000–2019) IN 4 (1988–2020) WA 4 (1985–2011) AK 4 (1991–2025) SC 4 (2012–2023) WV 4 (1995–2022) ID 3 (1990–2023) MD 3 (2000–2020) AL 3 (1983–1998) FL 3 (2006–2011) MI 3 (2014–2025) VA 2 (2002–2010) RI 2 (2000–2023) NH 2 (2001–2014) MT 2 (2016–2023) KS 2 (2007–2010) ND 2 (2022–2022) MN 2 (2015–2026) LA 2 (2023–2023) GA 2 (2012–2013)

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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