Topic: claim preclusion - which some courts and commentators also … · Go Syfert
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Topic #3057

6 canonical passages across 4 cases, quoted by 158 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from David Beasley v. William Howard.

#Case FlagCanonical passage Citers
1 David Beasley v. William Howard Anchor
ca3 · 2021
green “claim preclusion - which some courts and commentators also call res judicata - protects defendants from the risk of repetitious suits involving the same cause of action once a court of competent jurisdiction has entered a final judgment on the merits.” 45
2 Frederick Weinberg v. Scott E Kaplan LLC
ca3 · 2017
green “with respect to affirmative defenses, such as res judicata, dismissal is proper if application of the defense is apparent on the face of the complaint; the court may also look beyond the complaint to public records, including judicial proceedings.” 32
3 David Beasley v. William Howard
ca3 · 2021
green “the prior judgment's preclusive effect . . . extends not only to the claims that the plaintiff brought in the first action, but also to any claims the plaintiff could have asserted in the previous lawsuit.” 30
4 David Beasley v. William Howard
ca3 · 2021
green “claim preclusion similarly reaches theories of recovery: a plaintiff who asserts a different theory of recovery in a separate lawsuit cannot avoid claim preclusion when the events underlying the two suits are essentially the same.” 27
5 Gimenez v. Morgan Stanley DW, Inc.
ca3 · 2006
green “a dismissal under the in forma pauperis statute . . . qualifies as an adjudication on the merits carrying preclusive effect for purposes of any future in forma pauperis actions raising the same claim.” 18
6 Sheridan v. NGK Metals Corp.
ca3 · 2010
green “the fact that there are additional parties in sheridan ii does not affect our conclusion” 6

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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