Opinion

Wilson v. Brown

  • 36 A.3d 351
  • 2012 WL 195393
Court
Supreme Court of Delaware
Filed
Jan 24, 2012
Status
Published
Cited by
6 cases
Authority
More cited than 64.4%

“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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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