“Even if a substantive theory of recovery asserted in a subsequent lawsuit is different from that presented in prior litigation, when the second action is based on the same transaction as the first, the claim has been split and must be dismissed.” (quoting Kossol v. Ashton Condo. Ass’n, Inc., 637 A.2d 827 , 1994 WL 10861 , at *2 (Del. 1994) (TABLE))
How later courts described this case
- “Even if a substantive theory of recovery asserted in a subsequent lawsuit is different from that presented in prior litigation, when the second action is based on the same transaction as the first, the claim has been split and must be dismissed.” (quoting Kossol v. Ashton Condo. Ass’n, Inc., 637 A.2d 827 , 1994 WL 10861 , at *2 (Del. 1994) (TABLE))
- "The procedural bar of res judicata extends to all issues which might have been raised and decided in the first suit as well as to all issues that actually were decided.”
Written by the judges who cited it.
The opinion
36 A.3d 351 (2012)
WILSON
v.
BROWN.
No. 236, 2011.
Supreme Court of Delaware.
January 24, 2012.
DECISION WITHOUT PUBLISHED OPINION
Affirmed.