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Case Citations [1] (July 2018 through April 2019)

handle is hein.ali/resndjmts0038 and id is 1 raw text is: JUDGMENTS 2D Generally Del.2018. Cit. generally in disc. and in ftns. Following reports of bribery and related cover-ups, shareholders brought a derivative action against directors and executives of corporation. The trial court granted defendants' motion to dismiss based on the preclusive effect of a prior federal-court order dismissing a derivative action against corporation for failure to plead demand futility. This court affirmed, holding that the plaintiffs in both actions were in privity because both sought to represent the same legal rights of corporation. The court noted that Arkansas courts looked to the Restatement Second of Judgments for the ordinary elements of issue preclusion and to settle questions of issue-preclusion law. California State Teachers' Retirement System v. Alvarez, 179 A.3d 824, 834, 842-844, 848. CHAPTER 1. INTRODUCTION Relation Between Law of Res Judicata and Law of Procedure Cal.2018. Cit. and quot. in disc. Patient sued dentist who recommended that she receive a dental implant and oral surgeon employed by dentist who performed the implantation, alleging that she suffered permanent nerve damage as a result of surgeon's negligence. The trial court granted summary judgment for surgeon, finding that patient's claim against him was untimely and that patient failed to show that his negligence caused her injury. After the court of appeals affirmed based on the statute of limitations, the trial court granted summary judgment for dentist, finding that its prior no-causation determination precluded holding dentist liable for surgeon's conduct. The court of appeals reversed and remanded. Affirming, this court held that the preclusive effect of the judgment had to be evaluated as though the trial court had not relied on the unreviewed ground. The court cited the Restatement Second of Judgments in noting that, while the rules of preclusion were supported in part by considerations of efficiency, affording the possibility of reconsideration was also a matter of efficiency in that it relaxed the requirements of procedural meticulousness in the first instance. Samara v. Matar, 419 P.3d 924, 930, 932. Mont.2018. Cit. and quot. in sup. Defendant filed a pro se appeal from his 2015 conviction on four counts of felony violation of a 2006 protective order. Affirming in part, this court held that the trial court did not err in denying defendant's motion to dismiss, in which he collaterally challenged the constitutional validity of the order. The court reasoned that, while defendant's challenge was not barred by collateral estoppel arising from his direct appeal from the order, because the state was not a party to that proceeding, it was barred by collateral estoppel arising from the court's affirmation of defendant's 2009 conviction on eight counts of violating the order. Even though defendant did not challenge the validity of the order in his prior criminal proceedings, he could have done so, and, under the Restatement Second of Judgments, collateral estoppel also precluded a party from raising a new legal theory or factual assertion in a subsequent action involving the same parties if the new issue related to COPYRIGHT 02019 By THE AMERICAN LAW INSTITUTE All rights reserved ALI Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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