· 3/15/1983
Conley v. Spillers
Citations
- 301 S.E.2d 216
- 171 W. Va. 584
- 1983 W. Va. LEXIS 472
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 central inquiry on a plea of res judicata is whether the cause of action in the second suit is the same as in the first suit”
- noting that “the central inquiry on a plea of res judicata is whether the cause of action in the second suit is the same as in the first suit”
- barring subsequent litigation on res judicata grounds despite unappealed claims that prior litigation erroneously refused to hear the issue
- res judicata seeks “to prevent a person from being ‘twice vexed for one and the same cause[.]’”
- “Where a plaintiff presses for collateral estoppel, it is said to be ‘offensive’ on the theory that the plaintiff is using the estoppel as an affirmative device to avoid having to prove liability against the defendant.”
- “A fundamental due process point relating to the utilization of collateral estoppel is that any person against whom collateral estoppel is asserted must have had a prior opportunity to have litigated his claim [i.e., issue].”
Source: CourtListener parenthetical corpus (CC0).
Judges: Miller
Read full opinion on CourtListenerSourced 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.