Supreme Court of Kansas· 3/17/1995
Resolution Trust Corp. v. Fleischer
Citations
- 257 Kan. 360
- 892 P.2d 497
- 1995 Kan. LEXIS 45
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding accrued tort claim to be vested property right and rejecting similar final-judgment argument because it \fails to recognize the distinction between a right of action and a right of recovery\
- holding accrued tort claim to be vested property right and rejecting similar final-judgment argument because it “fails to recognize the distinction between a right of action and a right of recovery”
- holding accrued tort claim to be vested property right and rejecting similar final-judgment argument because it “fails to recognize the distinction between a right of action and a right of recovery”
- indicating an exception to this rule for changes in. substantive law, whereas the present case involves procedural changes
- nature of the rights at stake, how the rights were affected, and the nature and strength of the public interest furthered by the legislation
- Retroactive application of a statute impairing a tort cause of action was held to violate both the state constitution’s provision similar to Article 19 as well as the state constitution’s due process clause
Source: CourtListener parenthetical corpus (CC0).
Judges: Six
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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