· 6/21/1978
Kaspar Wire Works, Inc. v. Leco Engineering and MacHine Inc.
Citations
- 575 F.2d 530
- 198 U.S.P.Q. (BNA) 513
- 1978 U.S. App. LEXIS 10578
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that fourth element was satisfied where both actions involved same allegations regarding same underlying tortious acts
- stating that, although preclusion doctrines do not apply to consent judgments,.court may dismiss case because parties have contracted to end controversy
- observing that “a judgment of dismissal usually has the effect of an adjudication on the merits”
- discussing the distinctions between the doctrines of res judicata and collateral estoppel
- declining to apply collateral estoppel to consent decree because no issue was adjudicated
- “[T]he prevailing party [in a declaratory action] may seek further relief in the form of damages or an injunction.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Goldberg, Hill, Rubin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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