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

Case Citations [1] (April 2023 - August 2023)

handle is hein.ali/resndjmts0046 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2023 Citations JUDGMENTS 2D Generally Iowa, 2022. Cit. generally in sup. Abortion providers filed an action against the State, challenging the constitutionality of a state statute that added a mandatory 24-hour waiting period for abortions. The trial court granted summary judgment for providers. Reversing and remanding, this court held that the State was not barred from defending the 24-hour waiting period based on issue preclusion arising from the decision in a prior action that struck down as unconstitutional a longer, 72-hour waiting period for abortions. The court reasoned, in part, that several exceptions to issue preclusion applied under Iowa law, which drew from the work of the Restatement Second of Judgments. Planned Parenthood of the Heartland, Inc. v. Reynolds ex rel. State, 975 N.W.2d 710, 729. La.App.2022. Cit. generally in case quot. in sup. After husband's unoccupied tractor-trailer began moving forward unexpectedly, striking and seriously injuring wife, who passed away several years later, wife's adult children from a prior marriage filed a wrongful-death suit against manufacturer of the tractor-trailer. The trial court granted manufacturer's peremptory exception of res judicata arising from the dismissal of children's prior action for loss of consortium against manufacturer based on its alleged negligence in the design of the truck. Affirming, this court held that the wrongful-death action was barred by issue preclusion. The court noted that Louisiana's statute governing res judicata was modeled on federal preclusion doctrine and the Restatement Second of Judgments. Jones v. Daimler Trucks North America, Inc., 336 So.3d 622, 627. CHAPTER 1. INTRODUCTION Relation Between Law of Res Judicata and Law of Procedure Utah, 2022. Quot. in sup. Lessor of grading machine sued limited-liability company that borrowed grading machine, alleging, inter alia, that defendant breached the parties' rental agreement by failing to insure the vehicle. The trial court granted defendant's motion to dismiss. The court of appeals reversed. This court reversed, holding that plaintiffs breach-of-contract claim was barred by the doctrine of claim preclusion, because plaintiff asserted the same causes of action arising from the same incident against defendant's sole owner in a preceding action, in which the final judgment determined that sole owner entered into the rental agreement on defendant's behalf. Citing the Restatement Second of Judgments, the court pointed out that, while state rules of civil procedure did not require plaintiff to assert a claim against defendant in the preceding action, its refusal to do so meant it was precluded from bringing the COPYRIGHT C2023 By THE AMERICAN LAW INSTITUTE All rights reserved 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.

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