· 7/5/1994
Gonzalez Abreau v. Banco Central
Citations
- 27 F.3d 751
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that for claim preclusion to apply, a litigant first must have had a full and fair opportunity to litigate her claim
- holding that a one-time agreement committing creditor-clients to 28 1 provide accurate information did not support a bona fide error defense
- noting that courts regularly “have refused to find substantial control merely because a nonparty retained the attorney who represented a party to the earlier action”
- stating that “the omission of a particular statement of claim from the original suit is of no great consequence”
- cautioning that courts should “tread gingerly” in using privity as a basis for applying claim preclusion to nonparties
- noting that plaintiffs’ lack of notice of the original suit weighs against finding adequate representation
Source: CourtListener parenthetical corpus (CC0).
Judges: Selya, Bownes, Stahl
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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