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Res Judicata

202 published works

  1. GAVC Law

    The Court of Appeal in Aviator v Spribe. A correct approach imo to res judicata and its non-inclusion in Rome II, and an obiter trigger of the evidence and procedure carve-out of Rome II.

    By Geert Van Calster

    If you do use the blog for research or database purposes, and of course for practice purposes, citation would be appreciated, to the blog as a whole and /or to…

  2. GAVC Law

    Effective Torpedoes of the Third Kind – The CJEU’s Soledil Judgment Hands Tardy Litigants a Formidable Weapon.

    By Geert Van Calster

    Judgment by the CJEU in Case C-320/24 Soledil engages with two long-standing principles of EU law. Firstly, the need for courts motu proprio to raise arguments that contractual terms in…

  3. Above the Fold

    Same Game, New Jersey: Why the TTAB Refused to Let a Tweaked Mark and Narrowed Services Escape Claim Preclusion

    By Melissa E. Scott

    The Trademark Trial and Appeal Board just reminded brand owners of a hard truth: you cannot relitigate a losing trademark opposition simply by adding generic words to your mark and…

  4. AGP & Co Insights

    Podcast Episode 17: Res Judicata in Cyprus

    By A.G. Paphitis & Co LLC

    Alternatively, you may read the Full Articles here: Res Judicata in Cyprus For more information on this subject Contact Us The information provided by AGPLAW | A.G. Paphitis & Co.…

  5. Herston on Tennessee Family Law

    Excluded Abuse Evidence Requires New Custody Hearing in Kingsport, Tennessee: Lucas v. Fifield

    By K.O. Herston

    Facts: Mother and Father, who were never married, are the parents of Child. They initially shared equal parenting time on a rotating two-week schedule.A March 2023 interim order established Father’s…

  6. Zalma on Insurance

    Res Judicata Produces Certainty

    By Barry Zalma

    You Only Get One Chance to Sue Litigation is a Win or Lose Proposition. Post 5484 In David Cromp v. Johnny Harkrider, Monique Harkrider, and their Marital Community, dba Able…

  7. Wait A Second!

    Plaintiff may challenge her termination under Due Process Clause

    By secondcircuitcivilrightsblogsecondcircuitcivilrig

    This appeal raises a complex issue relating to res judicata. Lawyers know about res judicata; the general public not so much. But this doctrine -- which prevents you from bringing…

  8. Law Web

    Supreme Court explain pre-requisite for filing common appeal Against Common Judgment Deciding Suit & Counterclaim

    By Law Web

     Finding no contrary or restrictive provisions in the CPC,we hold and declare that a suit and a counterclaim, ifadjudicated by a single common judgment; both on the originalclaim and on…

  9. AGP & Co Insights

    Res Judicata in Cyprus

    By A.G. Paphitis & Co LLC

    Res judicata – literally, a “matter adjudged” – expresses a fundamental principle of civil justice: a dispute finally determined should not ordinarily be litigated again. The doctrine protects legal certainty,…

  10. Law of the Land

    NH Supreme Court Upholds Dismissal Over Challenge to Cell Tower Permit on Res Judicata Grounds

    By Patricia Salkin

    The plaintiff appealed an order of the Superior Court arguing that the trial court erred in dismissing, on res judicata grounds, his complaint regarding a cell tower permit issued by…