Robert P. McCarney and Elizabeth H. McCarney v. Ford Motor Company

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 dismissal based on justiciability grounds does not have a res judicata effect on claims on the merits
• holding that judgment dismissing action as moot is not conclusive in subsequent proceeding
• ruling that “a dismissal based upon a lack of standing is not on the merits of the underlying substantive claim and is not a bar to asserting another theory of relief based upon the same operative facts assuming the other elements of claim preclusion are satisfied”
• ruling that “a dismissal based upon a lack of standing is not ‘on the merits’ of the underlying substantive claim and is not a bar to asserting another theory of relief based upon the same operative facts assuming the other elements of claim preclusion are satisfied”
• stating that a dismissal based on concepts of justiciability, which includes the questions of advisory opinions, mootness and ripeness, does not preclude a second action on the same claim if the justiciability problem can be overcome
• describing “standing as a part of the concept of justiciability which includes the questions of advisory opinions, mootness and ripeness”

Source: CourtListener parenthetical corpus (CC0).