We do not find any merit either in petitioners' assertions that the instant case must be deemed barred by res judicata
and the 'law of the case' principle in light of this court's earlier decision,' it added.
the government to invoke the doctrines of res judicata
45) Under the Scots law of res judicata
, a dismissal for lack of title and interest was not viewed as an adjudication of the merits of the underlying claim and thus left other interested litigants free to pursue the claim.
If res judicata
prevented a mortgagee from acting on a subsequent default even after an earlier claimed default could not be established, the mortgagor would have no incentive to make future timely payments on the note.
As the Fifth District concluded, ' [i]f a "new and independent right to accelerate" exists in a res judicata
analysis, there is no reason it would not also exist vis-a-vis a statute of limitations issue,'" Pariente wrote.
modification, has not remained faithful to the res judicata
214) Preclusive symmetry exists when a lawsuit will have the same res judicata
effect on both plaintiffs and defendants.
6015(g)(2), there is an exception to res judicata
when a requesting spouse did not meaningfully participate in the prior court proceeding.
27(b)(1): "Opinions that are not published shall not be cited in any other action or proceeding except to establish res judicata
or collateral estoppel, or in a continuing criminal action.
Accordingly, if the plaintiff can make out a breach of contract, and is not prevented from doing so by a foreign judgment which renders the matter res judicata
, the claim for damages should be successful.
The European decision regarding mortgages in Swiss Francs is a crucial res judicata
for borrowers, and it is one of the strongest weapons in the borrowers' arsenal in their effort to alleviate the burden of debt which they are facing.
Conversely, "the doctrine of collateral estoppel, a narrower species of res judicata
, precludes a party from relitigating in a subsequent action or proceeding an issue clearly raised in the prior action or proceeding, and decided against that party or those in privity, whether or not the tribunals or causes of action are the same.