40 Md. App. 1 - Klein v. Whitehead’s Empirical Analysis
1978
Citation profile
6 federal appellate · 10 district · 67 state decisions
How this case has been cited
Cited by 87 later decisions — most recently February 2021 · most notably Colandrea v. Wilde Lake Community Ass'n (2000), Guinness PLC v. Ward (1992)
6 federal appellate · 10 district · 67 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 11 U.S.C. § 110
Relies on Cromwell v. County of Sac · Tait v. Western Maryland Railway Co. · White v. California · MPC, Inc. v. Kenny · Alvey v. Alvey
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 87 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"The cause of action is the same when the evidence will support both actions; or rather the judgment in the former action will be a bar, provided the evidence necessary to sustain the judgment for the plaintiff in the present [second] action would have authorized a judgment for him in the former.” If this identity of evidence is found, it will make no difference that the form of the two actions is not the same. 40 Md. App. at 18 , 389 A.2d at 384 .”
3 later decisions quote this exact passage · from the majority“Collateral estoppel does not require that the causes of action be the same, but it applies only with respect to issues of fact actually determined in the earlier proceeding. Before considering that theory, however, we should discuss the ground relied upon by the lower court—that of collateral estoppel. For that doctrine to apply, we must conclude that the issues raised in this proceeding were actually litigated in the earlier actions (or that the facts necessary to resolve these issues were adjudicated in those actions). This we are unable to do. [Emphasis added.] We note that: Nonmutual collateral estoppel can be invoked offensively or defensively. It is used offensively when a plaintiff attempts to bar a defendant from relitigating an issue the defendant previously litigated unsuccessfully in another action against a different party. Defensive use of nonmutual collateral estoppel occurs when a defendant seeks to prevent a plaintiff from relitigating an issue which the plaintiff previously litigated unsuccessfully in another action against a different party.”
2 later decisions quote this exact passage · from the majority“With this background, it is possible to construct a simple comparative checklist for determining which, if either, of the two doctrines is applicable. For either to apply, the second action must be between the same parties or those in privity with them. For direct estoppel to apply, it must be shown, in addition, that the two causes of action are the same. Collateral estoppel does not require that the causes of action be the same, but it applies only with respect to issues of fact actually determined in the earlier proceeding.”
2 later decisions quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.