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Silva v. State

Citations

  • 745 P.2d 380
  • 106 N.M. 472

How courts have described this case

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

  • holding that court may apply collateral estoppel “when a defendant seeks to preclude a plaintiff from relitigating an issue the plaintiff has previously litigated and lost regardless of whether defendant was privy to the prior suit”
  • finding that the adoption of the Duran consent decree did not alter the standard for negligence
  • explaining that a respondeat superior claim against a governmental entity requires an underlying tort by the entity’s employee
  • noting that doctrine of respondeat superior applies under Tort Claims Act
  • noting that a public entity can only act through its employees
  • approving of Parklane Hosiery v. Shore, 439 U.S. 322, 99 S.Ct. 645, 58 L.Ed.2d 552 (1979) and adopting nonmutual offensive collateral estoppel into New Mexico law

Source: CourtListener parenthetical corpus (CC0).

Judges: Ransom, Minzner, Sosa, Walters, Scarborough, Stowers, Hendley, Donnelly

Read full opinion on CourtListener

Cited by

99 cases in this archive cite this case; the 20 most cited are listed.

Cites

33 cases in this archive are cited by this case; the 20 most cited are listed.

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Sourced from CourtListener / Free Law Project (CC0).

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