Berlin Convalescent Center, Inc. v. Stoneman

How courts have described this case

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

• noting that the prior adjudication must have been full and fair and the application of res judicata is fair
• explaining that the doctrine of res 7 See V.R.C.P. 56(c)(3); Savage v. Walker, 2009 VT 8, ¶5. 6 judicata may be applied to regulatory proceedings to bar the re-litigation of final determinations
• describing issue preclusion as a balance between giving a litigant an adequate day in court and preventing repetitious litigation of what is essentially the same dispute
• explaining that doctrine of res judicata “bars the litigation of a claim or defense if there exists a final judgment in former litigation in which the ‘parties, subject matter and causes of action are identical or substantially identical’ ” (citation omitted)
• describing issue preclusion as a balance between giving a litigant an adequate day in court and preventing repetitious litigation of what is essentially the same dispute
• affirming trial court’s decision that issue preclusion barred nursing home provider from relitigating issue of proper standard of review to be employed in appeals to superior court under 33 V.S.A. § 909(a)(2)

Source: CourtListener parenthetical corpus (CC0).