filing_sections: 183
Data license: Public court records
This data as json
| section_id | filing_id | heading | summary |
|---|---|---|---|
| 183 | 24 | I. Res judicata applies and is dispositive | Kassab confirmed his counterclaims are the same claims resolved by prior final judgments. Kassab's sole argument — 'change in material facts' — takes only one page of a 27-page Response. The two cited cases (Marino and Stubbs) deal with claims that did not exist at the time of prior judgment: Marino involved a tort cause of action not recognized until after the first judgment; Stubbs involved a new zoning ordinance and different land use. Here, Kassab asserts the exact same claims that were previously adjudicated. Citing Hernandez v. Del Ray Chem., courts focus on whether a claim existed and could have been raised in the first action. |