· 3/2/2001
State Water Control Board v. Smithfield Foods, Inc.
Citations
- 542 S.E.2d 766
- 261 Va. 209
- 31 Envtl. L. Rep. (Envtl. Law Inst.) 20502
- 51 ERC (BNA) 2121
- 2001 Va. LEXIS 37
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the inquiry underlying privity is whether a party’s interest “is so identical with another that representation by one party is representation of the other’s legal right”
- explaining that a “joint endeavor” between the EPA and a state environmental agency rendered the state agency able to advance the exact same legal right under statute as the EPA, therefore making the parties privies of each other
- final judgment on the merits of a claim in federal court precludes the parties from further litigation on that claim in state court
- final judgment on the merits of a claim in federal court precludes the parties from further litiga- tion on that claim in state court
- final judgment on the merits of a claim in federal court precludes the parties from further litiga- tion on that claim in state court
- \The touchstone of privity for purposes of res judicata is that a party's interest is so identical with another that representation by one party is representation of the other's legal right.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Carrico, Lacy, Keenan, Koontz, Kinser, Lemons
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.