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Case Citations (March 2016 through June 2016) [i] (2016)

handle is hein.ali/relwdmts0033 and id is 1 raw text is: 





                                    JUDGMENTS





                             CHAPTER 1. GENERAL PRINCIPLES

  § 1. Personal Judgments

  Md.Spec.App.2015.  Quot. in sup. State office of child care initiated proceedings to revoke a certificate
  of registration that it had issued to home day-care operator, based on its determination that operator had
  provided false documents related to his job training. After an administrative law judge upheld the
  revocation, the trial court affirmed. Affirming, this court held that the revocation proceeding at issue was
  not barred by res judicata arising from the final decision in a prior proceeding, in which operator's
  certificate was reinstated after being revoked on the ground that operator had participated in a series of
  frauds to assist parents in obtaining state child-care subsidies. The court cited the first Restatement of
  Judgments § 1 in reasoning that the second revocation was not based on the same cause of action that
  was litigated in the first revocation. Smalls v. Maryland State Dept. of Educ., Office of Child Care, 127
  A.3d 610, 613-614.



                            CHAPTER 3.   FORMER ADJUDICATION

                              TOPIC   2. PERSONAL   JUDGMENTS

      TITLE   D. WHAT   CONSTITUTES THE SAME CAUSE OF ACTION (What Claims are
                                   Extinguished by Judgment)

  § 61. Where Evidence Needed in Second Action Would  Have  Sustained the Prior Action

  Ct.Fed.Cl.2015. Cit. and quot. in case quot. in ftn. Government contractor brought an action against the
  United States challenging defendant's contracting officer's decision that plaintiff was required to pay a
  substantial sum to the government because plaintiff s accounting for material overhead costs should
  have been processed as a unilateral change. This court granted plaintiff s motion for summary judgment,
  holding that defendant's claim was barred by claim preclusion arising out of an earlier decision that
  found that plaintiff's allocation for material-overhead costs was in compliance with cost accounting
  standards set forth in federal regulations. The court pointed out that, over time, courts had shifted from
  the same evidence test set forth in Restatement of Judgments § 61 to the transactional approach found
  in Restatement Second of Judgments § 24. Sikorsky Aircraft Corporation v. United States, 122 Fed.Cl.
  711, 722.



          CHAPTER 4. EFFECT OF JUDGMENTS WITH REFERENCE TO PERSONS

                               TOPIC   1. PARTIES  AND  PRIVIES



m A I  ,    For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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