Opinion

Hofsommer v. Hofsommer Excavating, Inc.

  • 488 N.W.2d 380
  • 1992 N.D. LEXIS 146
  • 1992 WL 140962
Court
North Dakota Supreme Court
Filed
Jun 25, 1992
Status
Published
Author
Levine
On the bench
Erickstad, Levine, Johnson, Meschke, Vande Walle
Cited by
81 cases

concluding that privity existed between a closely held corporation and its president for purposes of res judicata and collateral estoppel where the president was the sole shareholder

How later courts described this case

  • concluding that privity existed between a closely held corporation and its president for purposes of res judicata and collateral estoppel where the president was the sole shareholder
  • stating res judicata precludes relitigation of claims or issues that were raised or could have been raised in prior action between same parties or their privies and which was resolved by a final judgment in a court of competent jurisdiction
  • under related doctrine of collateral estop-pel, issues must be identical
  • res judicata prohibits relitigation of claims or issues that were raised or could have been raised in a prior action resolved by judgment in a court of competent jurisdiction

Written by the judges who cited it.

The opinion

LEVINE, Justice,

concurring.

I agree that there is privity between HEI and Kent and that res judicata bars Susan’s claim for back wages against HEI. Because that holding is dispositive, I concur in the result and that portion of the opinion that analyzes res judicata.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.