Black v. Sinclair Oil & Gas Co.

How courts have described this case

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

• where amendments in a second action render the doctrine of issue preclusion inapplicable, they must be independently examined
• “It matters not that the prior action resulted in a dismissal without prejudice, so long as the determi- nation being accorded preclusive effect was essential to the dismissal.”
• “It matters not that the prior 14 action resulted in a dismissal without prejudice, so long as the determination being accorded 15 preclusive effect was essential to the dismissal.”
• “[A] pleading satisfies the 1 particularity requirement [of Rule 9(b)] if it identifies the circumstances constituting fraud so that 2 the defendant can prepare an adequate answer from the allegations.”
• “[A] pleading satisfies the particularity' requirement, [of Rule 9(b)] if it identifies the circumstances constituting fraud so that the defendant can prepare an adequate answer' from the allegations.” (internal quotation marks omitted)
• “Rule 9(b) does not 7 require plaintiffs in a securities fraud case to set forth facts which, because no 8 discovery has yet occurred, are in the exclusive possession of the defendants.”

Source: CourtListener parenthetical corpus (CC0).