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· 12/11/1987

Wursthaus, Inc. v. Cerreta

Citations

  • 539 A.2d 534
  • 149 Vt. 54
  • 1987 Vt. LEXIS 584

How courts have described this case

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

  • recognizing that under long established precedent, foreign judgment \is entitled to full faith and credit in the absence of a showing that that court lacked jurisdiction or acted to deprive defendant of a reasonable opportunity to be heard\
  • noting in action to enforce a Massachusetts money judgment that res judicata prevents a party from “defend[ing] upon the original merits” in the enforcement action
  • affirming state trial court’s decision to construe a counterclaim as an affirmative defense under V.R.C.P. 8(c), which is nearly identical to Fed.R.Civ.P. 8(c)(2)
  • res judicata bars those claims previously litigated or those claims which should have been raised before
  • “A failure to plead a compulsory counterclaim will result in the barring of litigation of the claim in a subsequent proceeding.”
  • \The burden of undermining the decree of a sister state rests heavily upon the one who assails such decree.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Allen, Hill, Peck, Gibson

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.