Phoenix Newspapers, Inc. v. Department of Corrections

How courts have described this case

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

• holding that a plaintiff may avoid preclusion “merely by 25 posturing the same claim as new legal theory”
• explaining that the same evidence test allows litigants to “implicat[e] somewhat different facts” and “recast their claims under new theories”
• holding preponderance of the evidence as the appropriate standard under A.R.S. § 12-349
• claim preclusion applies if “no additional evidence is needed to prevail in the second action than that needed in the first”
• “When reviewing a discretionary award of attorneys’ fees, this Court will reverse only for an abuse of discretion.”
• claim preclusion applies only if “no additional evidence is needed to prevail in the second action than that needed in the first”

Source: CourtListener parenthetical corpus (CC0).