· 11/10/1975
James W. Herendeen v. Champion International Corporation
Citations
- 525 F.2d 130
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that cases do not involve the same cause of action when judgment could be rendered for the plaintiff based on evidence entirely distinct from that which would have supported the first action, and without contradicting any of the matters resolved by the first action
- one test for identical causes of action is \whether the same evidence is necessary to maintain the second cause of action as was required in the first\
- one test for identical causes of action is “whether the same evidence is necessary to maintain the second cause of action as was required in the first”
- “For a judgment in a prior action to be a bar to reach ing the merits in a subsequent action . . . we [must] find the requisite measure of identity of the two causes of action.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Waterman, Oakes, Meskill
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.