· 8/14/2018
In re Westall
Citations
- 423 P.3d 930
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that Loveladies has more to offer on this issue than just the “same relief’ language, and stating that “the inquiry is whether there is meaningful overlap ... in the underlying facts ... in the two actions”
- reconciling Keene and Loveladies in a similar fashion, because “[t]hat reading of Loveladies is, in any event, compelled by the controlling language of Keene ”
- reconciling Loveladies with Keene and noting that “[a] perfect symmetry of demands for relief is not necessary”
- “assuming this action were to proceed in [the Court of Federal Claims], and plaintiff satisfied its burden of proof, what would ensue would amount to an accounting, albeit in aid of judgment”
- “In substance, the action for breach of trust in this court is an equitable proceeding that produces a monetary remedy.”
- “There is plainly substantial overlap in the operative facts as well as in the relief requested. That being the case, unfortunately for plaintiff, section 1500 is a bar.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Maxa
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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