is that future cases in which res judicata
would arise as a defense
out" class action would have res judicata
status in the PRC.
The foundation of res judicata
is that a final judgment in a court of competent jurisdiction is absolute and settles all issues actually litigated in a proceeding as well as those issues that could have been litigated.
The Second Circuit was more definitive on the res judicata
When a class is not certified, on the other hand, res judicata
In the words of Casad and Clermont, "The modern, so-called transactional, view of res judicata
, dictates that the plaintiff should in a single lawsuit fully litigate all grievances arising from a transaction, just as the plaintiff may do under the modern rules of procedure.
rule itself would operate to preclude interstate res judicata
, even if
Accordingly, the court applied the legal doctrine of res judicata
to bar Dr.
The Ninth Circuit employed the doctrine of res judicata
and dismissed ASFA's class action, thereby extending the government enormous parens patriae authority to subsume private claims.
the "normal" rule, under which the decision would be fully retroactive to the parties before the Court and all others, consistent with procedural barriers to further litigation such as res judicata
and that statute of limitations;
The project execution will start purchasing decision, res judicata
, and after the signing of the 2014 first half.
Chapters discuss personal jurisdiction, subject matter jurisdiction, modern pleading, joinder of parties and claims, discovery, summary judgment, trial and post-trial motions, choice of applicable law, representational class action litigation, procedural due process, right to trial by jury, interlocutory appeal, and res judicata
and preclusion doctrine.