· 1/15/2008
Kesterson v. State Farm Fire & Casualty Co.
Citations
- 242 S.W.3d 712
- 2008 Mo. LEXIS 6
- 2008 WL 133991
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Notwithstanding a dismissal ‘without prejudice,’ the common law doctrine of claim preclusion may present an instance where the civil action is ‘otherwise barred.’ ”
- “Res judicata, a Latin phrase meaning ‘a thing adjudicated,’ prohibits a party from bringing a previously litigated claim.”
- res judicata “precludes a litigant from bringing, in a subsequent lawsuit, claims that should have been brought in the first suit” (emphasis in original
- “Only this outcome upholds the purpose of the claim splitting defense: to ‘prevent a multiplicity of suits and appeals with respect to a single cause of action’ and ‘to protect defendants against fragmented litigation, which is vexatious and costly.’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Michael A. Wolff
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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