· 11/25/1997
Blake v. Charleston Area Medical Center, Inc.
Citations
- 498 S.E.2d 41
- 201 W. Va. 469
- 1997 W. Va. LEXIS 257
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that one of the elements necessary for res judicata to apply is a final adjudication on the merits by a court having jurisdiction of the proceedings
- concluding that “the default ruling in the initial case between CAMC and the Blakes satisfies the criteria for a final adjudication on the merits by a court of competent jurisdiction.” (citations omitted)
- concluding that \the default ruling in the initial case between CAMC and the Blakes satisfies the criteria for a final adjudication on the merits by a court of competent jurisdiction.\ (citations omitted)
- noting that for res judicata to apply, “there must have been a final adjudication on the merits in the prior action by a court having jurisdiction of the proceedings” (emphasis supplied)
- identifying elements necessary to bar further prosecution under principles of res judicata
- “under the doctrine of res judicata, a judgment on the merits in a prior suit bars a second suit involving the same parties or their privies based on the same cause of action”
Source: CourtListener parenthetical corpus (CC0).
Judges: Davis
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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