About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

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

handle is hein.ali/resndjmts0033 and id is 1 raw text is: JUDGMENTS 2D Generally M.D.N.C.2015. Cit. generally in ftn., cit. generally in case cit. in ftn. In a wrongful-death action brought by decedent's husband against railroad company, this court granted defendant's motion for judgment on the pleadings, holding that, under the doctrine of res judicata, the dismissal of decedent's prior personal- injury action and plaintiff s prior loss-of-consortium claims precluded plaintiff from bringing his claims in this action. In reaching its decision, the court noted that the North Carolina Supreme Court often relied on the Restatement Second of Judgments. Taylor v. Norfolk Southern Ry. Co., 86 F.Supp.3d 448, 463. Conn.App.2015. Cit. generally in sup., cit. generally in case cit. in ftn. In an action for defective design and construction brought by state against company that performed construction on a state correctional facility, this court affirmed the trial court's denial of defendant's motion for summary judgment, holding that plaintiff's claims were not barred by res judicata arising out of an arbitration proceeding that ruled in defendant's favor on its breach-of-contract claim against plaintiff regarding a payment dispute. In making its decision, the court acknowledged that the Connecticut Supreme Court followed Restatement Second of Judgments in applying the doctrine of res judicata. State v. Bacon Const. Co., 160 Conn.App. 75, 87, 124 A.3d 941, 949. CHAPTER 1. INTRODUCTION M.D.N.C.2015. Ch. 1 cit. generally in sup. Decedent's husband brought a wrongful-death action against railroad company, alleging that decedent died as a result of her exposure to asbestos on defendant's premises. This court granted defendant's motion for judgment on the pleadings, holding that, under the doctrine of res judicata, the dismissal of decedent's prior personal-injury action and plaintiff's prior loss- of-consortium claims precluded plaintiff from bringing his instant claims. Citing Chapter 1 of the Restatement Second of Judgments, the court explained that plaintiff, a beneficiary of this wrongful- death action, was in privity with decedent and, consequently, the prior action barred plaintiff's claims here. Taylor v. Norfolk Southern Ry. Co., 86 F.Supp.3d 448, 463. Scope Note Ill.App.2015. Scope Note quot. in case quot. in sup. Debris hauler and two of its principles filed, inter alia, a tortious-interference claim against building owner who had brought an action for an order requiring hauler to remove debris that it had dumped onto the building's property, alleging that defendant lied to investigators when he said he had not agreed to allow hauler to dump the materials on the property. The trial court granted defendant's motion for summary judgment. This court affirmed in part, holding that the trial court did not err in finding that plaintiffs failed to state a claim. Citing the Scope Note to Chapter 1 of the Restatement Second of Judgments, the court determined that collateral ALI For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most