Alpha Mechanical, Heating & Air Conditioning, Inc. v. Travelers Casualty & Surety Co. of America

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• applying issue preclusion because cross-plaintiff “had a full and fair opportunity to litigate its cross-complaint, but instead elected to enter into the settlement agreement and receive [damages] in exchange for dismissing its cross-complaint with prejudice.”
• The doctrine “is not mechanically applied, and in each case the court must determine whether its application will advance the public policies which underlie the doctrine. Those policies are (1) to promote judicial economy by minimizing repetitive litigation; (2
• the defendant’s “attempt 13 to distinguish . . . primary rights as sounding in tort or contract is irrelevant”; primary right was 14 “the right to competent performance,” primary duty was “to competently perform,” and injury 15 was “negligent or wrongful performance”
• discussing application of res judicata to affirmative defenses

Source: CourtListener parenthetical corpus (CC0).