Topic: identity of issue which has necessarily been decided in the… · Go Syfert
← All topics

Topic #5287

4 canonical passages across 2 cases, quoted by 95 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 Schwartz v. Public Administrator.

#Case FlagCanonical passage Citers
1 Schwartz v. Public Administrator Anchor
ny · 1969
green “identity of issue which has necessarily been decided in the prior action and is decisive of the present action,” 50
2 Schwartz v. Public Administrator
ny · 1969
green “the size of the claim, the forum of the prior litigation, the use of initiative, the extent of the litigation, the competence and experience of counsel, the availability of new evidence, indications of a compromise verdict, differences in the applicable law and foreseeability of…” 21
3 Schwartz v. Public Administrator
ny · 1969
green “full and fair opportunity to contest the decision now said to be controlling” 14
4 Weiss v. Manfredi
ny · 1994
green “bars a party from relitigating in a subsequent proceeding an issue clearly raised in a prior proceeding and decided against that party where the party to be precluded had a full and fair opportunity to contest the prior determination.” 10

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.

← Caselaw search · Hot / Trending / Newly red · Brief Check