Matter of Herbert M. Dowsett Trust

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that dismissal with prejudice based on a stipulated agreement was a final judgment on the merits for claim preclusion purposes
• privity was not established by mother-child relationship where interests were divergent; mother had an interest in the trust income and children had an interest in the trust corpus
• settlement dismissing case with prejudice con stitutes final judgment for purposes of claim preclusion under Hawaii law
• “[R]es judicata comprises two separate doctrines or rules concerning the preclusive effect of prior adjudication. Those doctrines or rules are denominated ‘res judicata’ and ‘collateral estoppel.’”
• stipulation of dismissal with prejudice constitutes a final judgment on the merits for the purpose of res judicata though not for the purpose of collateral estoppel; all elements of res judicata must be satisfied for doctrine to apply
• endorsing a functional approach to privity analysis

Source: CourtListener parenthetical corpus (CC0).