· 5/14/2004
Deborah Katz Pueschel v. United States of America, Deborah Katz Pueschel v. Norman Y. Mineta, Secretary, United States Department of Transportation
Citations
- 369 F.3d 345
- 2004 U.S. App. LEXIS 9456
- 93 Fair Empl. Prac. Cas. (BNA) 1808
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a court may rule in favor of the movant based on the “uncontroverted bases asserted therein”
- holding that there must be “an identity of the cause of action in both ... suit[s]”
- holding that causes of action are identical where they arise “out of the same transaction or series of transactions or the same core of operative facts”
- holding that the application of res judicata requires (1) a final judgment on the merits in a prior suit; (2) the identity of the cause of action in both suits; and (3
- concluding that the district court “was entitled . . . to rule on the [defendant’s] motion and dismiss [plaintiff’s] suit on the uncontroverted bases asserted therein” after Plaintiff failed to file a response
- observing that when the plaintiff failed to respond to an opposing motion, the district court could dismiss claims “on the uncontroverted bases asserted therein”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gregory, Shedd, Wilkinson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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