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Page 1138
... issues in an action would be narrowed by stipulation , and thus to intensify litigation . " Id . This litigation , where there is the incentive to litigate , must involve substantial interests on the part of the parties . The issue ...
... issues in an action would be narrowed by stipulation , and thus to intensify litigation . " Id . This litigation , where there is the incentive to litigate , must involve substantial interests on the part of the parties . The issue ...
Page 1148
... issue ? Is it whether the facts in the subsequent suit legally are indistinguishable from those of the earlier suit ? 2. Is the outcome in the Sunnen case consistent with the underlying goals of res judicata ? Doesn't its holding ...
... issue ? Is it whether the facts in the subsequent suit legally are indistinguishable from those of the earlier suit ? 2. Is the outcome in the Sunnen case consistent with the underlying goals of res judicata ? Doesn't its holding ...
Page 1151
... issue if that issue was " actually recognized by the parties as important and by the trier of fact as necessary to the first judgment . " Restatement ( Second ) of Judgments ยง 27 comment j . SYNANON CHURCH v . UNITED STATES , 820 F.2d ...
... issue if that issue was " actually recognized by the parties as important and by the trier of fact as necessary to the first judgment . " Restatement ( Second ) of Judgments ยง 27 comment j . SYNANON CHURCH v . UNITED STATES , 820 F.2d ...
Contents
PREFACE | xxix |
A Survey of the Civil Action | 1 |
A Note on Motion Practice | 18 |
Copyright | |
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adjudicate affirmed alleged Amendment apply arising assert attorney California cause of action Circuit citizen Civil Procedure claimants claims class action class members common law complaint Congress constitutional contract Corp corporation counterclaim Court of Appeals damages decision defendant defendant's denied determine discovery dispute District Court diversity jurisdiction doctrine Due Process Clause equity Erie evidence exercise F.Supp fact federal court federal law Federal Practice Federal Rule filed forum non conveniens Helicol injury interest interpleader involved issue joinder judge judgment judicial jury Justice L.Ed lawsuit liability litigation matter minimum contacts negligence nonresident Notes and Questions notice opinion parties permitted personal jurisdiction petitioner plaintiff pleading proceedings reason relevant relief remand respondent Rules of Civil S.Ct Section service of process settlement statute of limitations subject-matter jurisdiction substantial suit supplemental jurisdiction Supreme Court Texas tion tort trial United venue verdict writ York