71 F. Supp. 2d 383 - Sutton v. Sutton’s Empirical Analysis

Citation profile

1 federal appellate · 1 district ·

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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(1) the judgment in the prior action must be valid, final and on the merits; (2) the parties in the later action must be identical to or in privity with those in the prior action; and (3) the claim in the later action must grow out of the same transaction or occurrence as the claim in the earlier one.”... Thus, if a claim could have been presented in the first action ... it will be precluded in the second action.... In addition to traditional res judicata, New Jersey has another claim preclusion theory which, ... this Court must apply: the entire controversy doctrine. While similar to res judicata principles, the entire controversy doctrine, which is unique to New Jersey, “encompasses traditional concepts of claims joinder as well as party joinder....” Thus, though the parties and the claims in the second suit may be different than those in the first suit, the second suit may nonetheless be barred because it concerns the series of transactions already at issue in the first suit. It is through this formula, which is broader than traditional res judicata, that the New Jersey Legislature, ... seeks to promote “judicial economy and efficiency by avoiding fragmented, multiple and duplicate litigation.””

   1 later decision quote this exact passage · from the majority
   e.g. Hammel v. State Farm Mutual Automobile Insurance

2. “Looking through his artful pleading to the substance of the allegations themselves, it is clear that plaintiff continues to express his distress over the accounting and distribution of his father’s estate. Plaintiff alleges one problem after another with the legality and propriety of the accounting of the Estate, including alleged wrongful handling of a wrongful death suit, a supposedly fraudulent consent order, and alleged improper approval of the liquor license transfer as a part of the Estate, and he states that defendants’ representations to the various courts throughout the years that the accounting was proper constituted fraud perpetrated through the filing of false statements in briefs through the mail system. This is not a RICO claim; it is, once again, an attempt to get federal review of the handling of the Estate in a circumstance where each essential component of the “new” federal claim was previously adjudicated adverse to plaintiff in the courts of New Jersey.”

   1 later decision quote this exact passage · from the majority
   e.g. 279 F. Supp. 2d 574 - Balthazar v. Atlantic City Medical Center