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United States v. Throckmorton (98 U.S. 61) is an 1878 decision of the U.S. Supreme Court on civil procedure, specifically res judicata, in cases heard at equity.A unanimous Court affirmed an appeal of a decision by the District Court for California upholding a Mexican-era land claim, holding that collateral estoppel bars untimely motions to set aside the verdict where the purportedly ...
In a unanimous decision penned by Justice Sonia Sotomayor, the Court's central line of reasoning was whether "claim preclusion applies to defenses raised in a later suit" as detailed in the Court's opinion, and determining whether defense preclusion falls within the lines of res judicata. Highlighting that res judicata involves both issue ...
Semtek v. Lockheed Martin, 531 U.S. 497 (2001), is a United States Supreme Court case in which the Court held that the claim preclusive effect of a federal judgment on a claim over which subject matter jurisdiction is based solely on diversity is determined by the common law of the state in which the federal district court rendering the decision is located.
Angelo Gambiglioni, De re iudicata, 1579 Res judicata or res iudicata, also known as claim preclusion, is the Latin term for judged matter, [1] and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same parties.
search and seizure of nonresident alien in foreign country Chauffeurs, Teamsters, and Helpers Local No. 391 v. Terry: 494 U.S. 558 (1990) scope of 7th Amendment right to jury trial in civil cases Austin v. Michigan Chamber of Commerce: 494 U.S. 652 (1990) corporate funding of political campaigns Employment Division v. Smith: 494 U.S. 872 (1990)
res judicata may not bind a subsequent plaintiff who had no opportunity to be represented in the earlier civil action Helvering v. Horst: 311 U.S. 112 (1940) refinement of assignment of income doctrine: Sibbach v. Wilson & Co. 312 U.S. 1 (1941) Erie doctrine, applicability of Federal Rules of Civil Procedure: Railroad Commission v. Pullman Co ...
Collateral estoppel (CE), known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. One summary is that, "once a court has decided an issue of fact or law necessary to its judgment, that decision ... preclude[s] relitigation of the issue in a suit on a different cause of action involving a party to the first case". [1]
Lester B. Orfield, A Resume of Decisions of the United States Supreme Court on Federal Criminal Procedure, 30 Ky. L.J. 360 (1942). Lester B. Orfield, A Resume of Decisions of the United States Supreme Court on Federal Criminal Procedure, 7 Mo. L. Rev. 263 (1942).
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related to: res judicata in criminal cases california supreme court case search civilcourtrec.com has been visited by 100K+ users in the past month