· 12/13/2001
Slider v. State Farm Mutual Automobile Insurance
Citations
- 557 S.E.2d 883
- 210 W. Va. 476
- 2001 W. Va. LEXIS 205
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding bad-faith claim not precluded by res judicata because different evidence required
- when the claims are not identical, courts must apply the “same evidence” test to determine, “whether two claims should be deemed to be the .same for purposes of claim preclusion,”
- “Claim preclusion therefore functions as a rule governing the joinder of claims and defenses, since a party’s failure to present a particular issue in the course of litigation may preclude its determination in a subsequent action.”
- distinguishing the “transaction-focused test” of the Restatement (Second) of Judgments
Source: CourtListener parenthetical corpus (CC0).
Judges: McGraw
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.