The Res Judicata Effect of Suits against Government Officers in Litigation with the United States

1965 ◽  
Vol 51 (2) ◽  
pp. 306
Keyword(s):  
United States ◽  
The United States ◽  
Res Judicata

The Orinoco Steampship Company Case Before the Hague Tribunal

1911 ◽  
Vol 5 (1) ◽  
pp. 35-64 ◽  
Author(s):  
William Cullen Dennis
Keyword(s):  
United States ◽  
The United States ◽  
Arbitral Tribunal ◽  
International Arbitration ◽  
Res Judicata ◽  
The Future ◽  
The Hague

On the 9th of April, 1911, the Hague court will celebrate its first decennial. The first decade of the court was opened by the submission on the part of the United States and Mexico of the Pious Fund case to the tribunal for its decision, and of the eight cases so far submitted to the court and brought to trial during the first decade, the United States has been a party in four, and in a fifth, the Japanese House Tax case, the United States agreed to abide by the result. The last case to be tried was the Orinoco Steamship Company case submitted by the United States and Venezuela.Both the Pious Fund and the Orinoco Steamship Company case raised important questions vitally affecting the future of international arbitration. Both cases were peculiar in that they dealt with a question which had already been once before decided by an arbitral tribunal. In both cases the effect of the previous arbitral decision was submitted as a preliminary question to the Hague court. In the Pious Fund case the preliminary question submitted was as to whether the claim, as a consequence of the former decision of Sir Edward Thornton, umpire under the convention between the United States and Mexico of 1868, was within the principle of res judicata. The court sustained the contention of the United States, by holding that the rule of res judicata applies to international arbitral sentences “ rendered within the limits of the jurisdiction fixed by the compromise,” and accordingly rendered judgment in favor of the United States, without considering the merits of the claim.

The Doctrine of Res Judicata in Naturalization Cases in the United States

1929 ◽  
Vol 23 (1) ◽  
pp. 50-55 ◽  
Author(s):  
Henry B. Hazard
Keyword(s):  
United States ◽  
Supreme Court ◽  
United States Of America ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
Circuit Court ◽  
Court Of Appeals ◽  
Res Judicata ◽  
The Subject

With nationality problems continuing to occupy a prominent place in both international and municipal practice, expressions of opinion of our highest tribunal upon the subject are received with peculiar interest. This is particularly true where the rule announced is one which governs the validity of naturalization judgments. In a recent sweeping naturalization decision which upholds the government’s views at every point, the United States Supreme Court has again stressed the rule that when doubt exists concerning a grant of citizenship, the statutes must be strictly construed in favor of the United States and against the alien. On October 22, 1928, the court handed down its opinion in the case of Anna Marie Maney, Petitioner, v. The United States of America, in which it affirmed, on writ of certiorari, the judgment of the United States Circuit Court of Appeals for the Seventh Circuit. The latter court had directed the cancellation of the applicant’s certificate of naturalization as having been “illegally procured” because of her failure to file, at the prescribed time and in the required manner, the certificate of her arrival in the United States.

The Res Judicata Effect in England of a US Class Action Settlement

1997 ◽  
Vol 46 (1) ◽  
pp. 134-151 ◽  
Author(s):  
John C. L. Dixon
Keyword(s):  
United States ◽  
The United States ◽  
Civil Procedure ◽  
Class Action ◽  
Res Judicata

In US courts the procedural device of the class action is available by virtue of Rule 23 of the Federal Rules of Civil Procedure. Subject to certain conditions, this rule enables one person to bring an action on behalf of a large number of others (the “class members”) and the resolution of such an action, whether it is by way of judgment following trial or by the entry of an order of settlement, has res judicata effect on the class members. In most cases the majority of class members are all resident in the United States.

scholarly journals The Current Status of the Preclusive Effects of Judgments in the Federal Court System of the United States of America

Lexonomica ◽  
2020 ◽  
Vol 12 (2) ◽  
pp. 163-210
Author(s):  
Thomas Allan Heller
Keyword(s):  
United States ◽  
United States Of America ◽  
Federal Court ◽  
The United States ◽  
Federal Courts ◽  
Current Status ◽  
Court System ◽  
Res Judicata

Res judicata law in the United States of America has a long, extensive and complex history. The aim of this paper is to provide at least a working summary of some of the most important aspects of the current res judicata law in the federal court system of the United States. The flexible discovery, pleading and joinder rules have given rise to more expansive res judicata law. The paper will discuss what exactly constitutes a judgment; how the federal courts deal with the finality of judgments in multiple parties and multiple claim cases; the final judgment rule; the form of judgments; the methods to enter judgments and significance of entry of judgments; together with a detailed overview of the doctrine of res judicata itself, including the separate, but related twin doctrines of claim preclusion and issue preclusion.

scholarly journals ONCE AND FOR ALL: WHEN THE GOVERNMENT CONCILIATES CITIZENS’ CLAIMS

2019 ◽  
Vol 20 (1) ◽  
Author(s):  
Ángel Oquendo
Keyword(s):  
United States ◽  
Social Support ◽  
Latin America ◽  
Civil Law ◽  
The United States ◽  
The Political ◽  
Res Judicata ◽  
Functional Equivalent ◽  
The Government

Like the chorus in Shakespeare’s Henry the Fifth, those who proceed on behalf of society at large should have both the first and last word. They should possess the capacity to undertake this act of representation, whether in or out of court, with forcefulness and finality. Indeed, a genuine representative should not have to run the risk of others thereafter embarking upon the matter anew and standing in for whomever she is representing, as well as casting aside her effort as irrelevant, insufficient, or illegitimate. Therefore, a societal settlement, particularly when negotiated by the authorities, may have not only contractual but also procedural (or preclusive) implications, which (partly independently of intent) shield the contractors from litigation as well as liability. To that end, it may or may not, depending on the jurisdiction, require the judiciary’s endorsement in order to constitute the functional equivalent of a judgment. U.S. and civil-law principles of preclusion bar a subsequent suit insofar as it involves the same real party in interest (namely, the whole citizenry) and assertion (or cause and object) as its amicably averted antecedent counterpart. Judges and lawmakers in the United States, as well as Latin America, have invariably conceded these actions an erga omnes effect; in other words, against anyone with standing who might try to reignite the controversy. Settlers in these cases normally neither compromise on the underlying entitlements nor contract on the rights of someone else. In fact, they may and should vindicate these entitlements fully and facilitate the collective conciliation of claims based on collectivity’s own rights. The government, for its part, enjoys plenty of legitimacy to play this role and to settle on, as well as prosecute, these entitlements. In these disputes, the settling or suing actor steps into the shoes of the broader community. The latter, as the interested claimant, may not subsequently take another bite at the apple through a different spokesperson. Otherwise, it would unfairly and inefficiently burden, respectively, its opponents and the adjudicating tribunals in its quest for a windfall. Consequently, the trans-individual settlements and suits at stake should strengthen, rather than weaken, from a punctilious adherence to the requirements of res judicata. They should thereby further legitimate themselves and perhaps even solidify the political and social support from which they benefit.

scholarly journals Legal Nature and Enforcement of Settlement Agreements: Comparative Review

2020 ◽  
Vol 8 (3) ◽  
pp. 116-140
Author(s):  
Artyom Berlin
Keyword(s):  
United States ◽  
Case Law ◽  
The United States ◽  
Res Judicata ◽  
Legal Remedies ◽  
Comparative Review ◽  
Legal Nature ◽  
Specific Performance ◽  
Settlement Agreement ◽  
Settlement Agreements

The article is devoted to two major issues: the substantive nature of settlement agreement, and legal remedies available for a creditor under compromise which interest is not satisfied voluntarily. Both issues are covered from comparative perspective employing Russian and the United States statutes, case law and doctrine. First, the paper demonstrates that, while Russian doctrines has evolved a sui generis approach to substantial nature of settlement agreement, United States tend to consider it as special contractual type with consideration granted specifically for termination of a legal dispute. Second, the article analyzes scope of res judicata effect invoked in course of Russian and U.S.-governed settlement, as well as common points and differences in granting creditors with relief in forms of specific performance and recovery of damages. Finally, the paper considers problem of rescission as remedy for material breach of compromise. Author comes to conclusion on desirability of employing this type of claim into Russian legislation.

Correlative microscopy in distrubuted (client/server) computing environments: tools for catalyzing the rapid dissemination of information about the cell biology of the human prostate

1995 ◽  
Vol 53 ◽  
pp. 682-683
Author(s):  
A. Hakam ◽  
J.T. Gau ◽  
M.L. Grove ◽  
B.A. Evans ◽  
M. Shuman ◽  
...  
Keyword(s):  
United States ◽  
Cell Biology ◽  
Tissue Bank ◽  
The United States ◽  
Prostate Adenocarcinoma ◽  
Correlative Microscopy ◽  
Client Server ◽  
Critical Elements ◽  
Transplant Organ

Prostate adenocarcinoma is the most common malignant tumor of men in the United States and is the third leading cause of death in men. Despite attempts at early detection, there will be 244,000 new cases and 44,000 deaths from the disease in the United States in 1995. Therapeutic progress against this disease is hindered by an incomplete understanding of prostate epithelial cell biology, the availability of human tissues for in vitro experimentation, slow dissemination of information between prostate cancer research teams and the increasing pressure to “ stretch” research dollars at the same time staff reductions are occurring.To meet these challenges, we have used the correlative microscopy (CM) and client/server (C/S) computing to increase productivity while decreasing costs. Critical elements of our program are as follows:1) Establishing the Western Pennsylvania Genitourinary (GU) Tissue Bank which includes >100 prostates from patients with prostate adenocarcinoma as well as >20 normal prostates from transplant organ donors.

Digital image acquisition, processing, and analysis in a polymer microscopy laboratory

1994 ◽  
Vol 52 ◽  
pp. 454-455
Author(s):  
Vinod K. Berry ◽  
Xiao Zhang
Keyword(s):  
United States ◽  
Image Analysis ◽  
Digital Image ◽  
Image Acquisition ◽  
Image Transmission ◽  
The United States ◽  
Quantitative Image Analysis ◽  
Quantitative Image

In recent years it became apparent that we needed to improve productivity and efficiency in the Microscopy Laboratories in GE Plastics. It was realized that digital image acquisition, archiving, processing, analysis, and transmission over a network would be the best way to achieve this goal. Also, the capabilities of quantitative image analysis, image transmission etc. available with this approach would help us to increase our efficiency. Although the advantages of digital image acquisition, processing, archiving, etc. have been described and are being practiced in many SEM, laboratories, they have not been generally applied in microscopy laboratories (TEM, Optical, SEM and others) and impact on increased productivity has not been yet exploited as well.In order to attain our objective we have acquired a SEMICAPS imaging workstation for each of the GE Plastic sites in the United States. We have integrated the workstation with the microscopes and their peripherals as shown in Figure 1.

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