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· 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 CourtListener

Sourced 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.