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· 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 CourtListener

Sourced 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.