defendant from asserting defense (New Jersey) · Go Syfert
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defendant from asserting defense in New Jersey

6 New Jersey opinions name it 2 courts 1908–2024 1 in the last five years

The cases below were cited by New Jersey 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
Kortenhaus v. Eli Lilly & Co.green
njsuperctappdiv · 1988 · cited in 3 New Jersey opinions naming this issue, 2010–2024
2 sentences

2024When used to bar a defendant from asserting a defense previously litigated and lost against a different plaintiff[,] it is referred to as offensive collateral estoppel." Kortenhaus v. Eli Lilly & Co., 228 N.J.

2020When used to bar a defendant from asserting a defense previously litigated and lost against a different plaintiff[,] it is referred to as offensive collateral estoppel." Kortenhaus v. Eli Lilly & Co., 228 N.J.

13
State v. Munafogreen
nj · 2015 · cited in 1 New Jersey opinions naming this issue, 2020–2020
1 sentence

2020State v. Munafo, 222 N.J. 480, 487 (2015); State v. Kemp, 195 N.J. 136, 155 (2008).

11
State v. Kempgreen
nj · 2008 · cited in 1 New Jersey opinions naming this issue, 2020–2020
1 sentence

2020State v. Munafo, 222 N.J. 480, 487 (2015); State v. Kemp, 195 N.J. 136, 155 (2008).

11
State Farm Fire & Casualty Co. v. Century Home Components, Inc.green
or · 1976 · cited in 1 New Jersey opinions naming this issue, 2010–2010
1 sentence

2010There seems to be something fundamentally offensive about depriving a party of the opportunity to litigate the issue again when he has shown beyond a doubt that on another day he prevailed. [ Id. at 1191. (footnotes omitted).] It is true that the issue presented in Century Home Components involved the use of a prior judgment for "offensive" purposes, i.e., where the earlier judgment is "used to bar a defendant from asserting a defense previously litigated and lost against a different plaintiff. . . ." Kortenhaus v. Eli Lilly & Co., 228 N.J.Super. 162, 164 , 549 A. 2d 437 (App.Div.1988) (citati

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Parklane Hosiery Co. v. Shore green
scotus · 1979
1 sentence

1988Ibid.

11988–1988
Hart v. Sansom green
scotus · 1884
1 sentence

1908As stated by Mr. Justice Gray, in Hart v. Sansom, 110 U. S. 151 : “Upon a bill for the removal of a cloud upon the title as upon a bill for the specific performance of an agreement to' convey the decree, unless otherwise expressly provided by statute, is clearly not a judgment in rem establishing a title in land, but operates in personam only by restraining the defendant from asserting his claim and directing him to deliver up his deed to be canceled, or to execute a release to the plaintiff.” When, however, the state, through its legislature, imparts an equality to tire decree in equity in th

11908–1908
Arndt v. Griggs green
· 1890
1 sentence

1908Arndt v. Griggs, 134 U. S. 316 .

11908–1908

Where else courts name it

MS 8 (1982–2021) OH 8 (1908–2014) NY 7 (1928–2015) NJ 6 (1908–2024) WA 5 (1980–2013) CA 4 (1963–2014) GA 3 (2006–2019) AL 3 (1912–2006) CT 2 (1967–1987) WV 2 (2013–2013) UT 2 (1950–1995) ID 2 (2019–2024) IN 2 (1921–1992) VA 2 (1992–2024) IL 2 (1981–1993)

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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