Skip to main content
· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.