Chaney Building Co. v. City of Tucson

How courts have described this case

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

• recognizing that, in respondeat superior cases, dismissal of the servant would prohibit an action against the master because “an act of a servant done in the course of his employment is legally the act of the master”
• finding no preclu-sive effect of prior stipulated judgment when intention to be bound was not apparent by the dismissal
• stating that for issue preclusion to apply, issue must be “actually litigated . . . , a final judgment was entered, and the party against whom the doctrine is to be invoked had a full and fair opportunity to litigate”
• adopting the Restatement (Second) of Judgments, which allows the use of nonmutual offensive collateral estoppel
• adopting the Restatement (Second) of Judgments, which allows the use of nonmutual offensive collateral estoppel
• nothing is adjudicated between parties to a stipulated dismissal, hence no collateral estoppel

Source: CourtListener parenthetical corpus (CC0).