res judicata or claim preclusion doctrine (North Carolina) · Go Syfert
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res judicata or claim preclusion doctrine in North Carolina

8 North Carolina opinions name it 2 courts 2000–2015 0 in the last five years

The cases below were cited by North Carolina 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 (4)

CaseFollowedCited
Whitacre Partnership v. Biosignia, Inc.green
nc · 2004 · cited in 6 North Carolina opinions naming this issue, 2006–2015
2 sentences

2015Doctrine of Res Judicata A. Standard of Review " 'Under the doctrine of res judicata or claim preclusion, a final judgment on the merits in one action precludes a second suit based on the same cause of action between the same parties or their privies.' 'For res judicata to apply, a party must show that the previous suit resulted in a final judgment on the merits, that the same cause of action is involved, and that both the party asserting res judicata and the party against whom res judicata is asserted were either parties or stand in privity with parties.' " Williams v. Peabody, 217 N.C.App. 1

2015Doctrine of Res Judicata A. Standard of Review " 'Under the doctrine of res judicata or claim preclusion, a final judgment on the merits in one action precludes a second suit based on the same cause of action between the same parties or their privies.' 'For res judicata to apply, a party must show that the previous suit resulted in a final judgment on the merits, that the same cause of action is involved, and that both the party asserting res judicata and the party against whom res judicata is asserted were either parties or stand in privity with parties.' " Williams v. Peabody, 217 N.C.App. 1

36
Bryant v. Weyerhaeuser Co.green
ncctapp · 1998 · cited in 1 North Carolina opinions naming this issue, 2006–2006
2 sentences

2006"Under the doctrine of res judicata or claim preclusion, a final judgment on the merits in one action precludes a second suit based on the same cause of action between the same parties or their privies." Whitacre P'ship v. Biosignia, Inc., 358 N.C. 1, 15 , 591 *665 S.E.2d 870, 880 (2004) (internal quotation marks omitted). "`The essential elements of res judicata are: (1) a final judgment on the merits in a prior suit; (2) an identity of the cause of action in the prior suit and the present suit; and (3) an identity of parties or their privies in both suits.'" Branch v. Carolina Shoe Co., ___

2006"Under the doctrine of res judicata or claim preclusion, a final judgment on the merits in one action precludes a second suit based on the same cause of action between the same parties or their privies." Whitacre P'ship v. Biosignia, Inc., 358 N.C. 1, 15 , 591 *665 S.E.2d 870, 880 (2004) (internal quotation marks omitted). "`The essential elements of res judicata are: (1) a final judgment on the merits in a prior suit; (2) an identity of the cause of action in the prior suit and the present suit; and (3) an identity of parties or their privies in both suits.'" Branch v. Carolina Shoe Co., ___

11
Branch v. Carolina Shoe Co.green
ncctapp · 2005 · cited in 1 North Carolina opinions naming this issue, 2006–2006
2 sentences

2006“Under the doctrine of res judicata or claim preclusion, a final judgment on the merits in one action precludes a second suit based on the same cause of action between the same parties or their privies.” Whitacre P’ship v. BioSignia, Inc., 358 N.C. 1, 15 , 591 S.E.2d 870, 880 (2004) (internal quotation marks omitted). “ ‘The essential elements of res judicata are: (1) a final judgment on the merits in a prior suit; (2) an identity of the cause of action in the prior suit and the present suit; and (3) an identity of parties or their privies in both suits.’ ” Branch v. Carolina Shoe Co., 172 N.C

2006"Under the doctrine of res judicata or claim preclusion, a final judgment on the merits in one action precludes a second suit based on the same cause of action between the same parties or their privies." Whitacre P'ship v. Biosignia, Inc., 358 N.C. 1, 15 , 591 *665 S.E.2d 870, 880 (2004) (internal quotation marks omitted). "`The essential elements of res judicata are: (1) a final judgment on the merits in a prior suit; (2) an identity of the cause of action in the prior suit and the present suit; and (3) an identity of parties or their privies in both suits.'" Branch v. Carolina Shoe Co., ___

11
Thomas M. McInnis & Associates, Inc. v. Hallgreen
nc · 1986 · cited in 1 North Carolina opinions naming this issue, 2000–2000
2 sentences

2000McInnis & Assoc., Inc. v. Hall, 318 N.C. 421, 428 , 349 S.E.2d 552, 556 (1986).

2000McInnis & Assoc., Inc. v. Hall, 318 N.C. 421, 428 , 349 S.E.2d 552, 556 (1986).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Hughart v. Dasco Transportation, Inc. green
ncctapp · 2005
2 sentences

2011The courts have held that this "law of estoppel applies in workers' compensation proceedings as in all other cases." Hughart v. Dasco Transp., Inc. , 167 N.C.App. 685 , 691 , 606 S.E.2d 379 , 383-84 (2005).

2011The courts have held that this "law of estoppel applies in workers' compensation proceedings as in all other cases." Hughart v. Dasco Transp., Inc. , 167 N.C.App. 685 , 691 , 606 S.E.2d 379 , 383-84 (2005).

22011–2011
Williams v. Peabody green
ncctapp · 2011
2 sentences

2015Doctrine of Res Judicata A. Standard of Review " 'Under the doctrine of res judicata or claim preclusion, a final judgment on the merits in one action precludes a second suit based on the same cause of action between the same parties or their privies.' 'For res judicata to apply, a party must show that the previous suit resulted in a final judgment on the merits, that the same cause of action is involved, and that both the party asserting res judicata and the party against whom res judicata is asserted were either parties or stand in privity with parties.' " Williams v. Peabody, 217 N.C.App. 1

2015Doctrine of Res Judicata A. Standard of Review " 'Under the doctrine of res judicata or claim preclusion, a final judgment on the merits in one action precludes a second suit based on the same cause of action between the same parties or their privies.' 'For res judicata to apply, a party must show that the previous suit resulted in a final judgment on the merits, that the same cause of action is involved, and that both the party asserting res judicata and the party against whom res judicata is asserted were either parties or stand in privity with parties.' " Williams v. Peabody, 217 N.C.App. 1

12015–2015
Naddeo v. Allstate Insurance green
ncctapp · 2000
1 sentence

2008Co., 139 N.C.

12008–2008
McMurray v. SURETY FEDERAL SAV. & LOAN ASS'N green
ncctapp · 1986
1 sentence

2006Defendant herein contends that plaintiffs' civil complaint for damages for condemnation "asserted the same allegations of negligence found in their Industrial Commission tort claim." "The traditional elements of actionable negligence are the existence of a legal duty or obligation, breach of that duty, proximate cause and actual loss or damage." McMurray v. Surety Federal Savings & Loan Assoc., 82 N.C.App. 729, 731 , 348 S.E.2d 162 , 164 (1986).

12006–2006
McMurray v. Surety Federal Savings & Loan Ass'n neutral
ncctapp · 1986
1 sentence

2006Defendant herein contends that plaintiffs' civil complaint for damages for condemnation "asserted the same allegations of negligence found in their Industrial Commission tort claim." "The traditional elements of actionable negligence are the existence of a legal duty or obligation, breach of that duty, proximate cause and actual loss or damage." McMurray v. Surety Federal Savings & Loan Assoc., 82 N.C.App. 729, 731 , 348 S.E.2d 162 , 164 (1986).

12006–2006

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1A-1 (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 28 (2012–2026) NC 8 (2000–2015) CA 7 (2017–2024) AR 7 (1993–2016) NY 6 (1983–2019) DC 5 (1996–2026) OH 5 (2003–2026) TX 4 (2004–2025) NJ 3 (2020–2024) MA 2 (2011–2016)

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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