Opinion

Gilles v. Ware

  • 615 A.2d 533
  • 1992 D.C. App. LEXIS 269
  • 1992 WL 289932
Court
District of Columbia Court of Appeals
Filed
Oct 6, 1992
Status
Published
On the bench
Ferren, Wagner, Reilly
Cited by
24 cases
Authority
More cited than 84.7%

recognizing that an acquiescence to claim-splitting can overcome a res judicata defense

How later courts described this case

  • recognizing that an acquiescence to claim-splitting can overcome a res judicata defense
  • adopting Restatement (Second) of Judgments § 26(l)(a) (1982) rule on claim-splitting which requires a party to raise objection that another action is pending based upon same claim or be deemed to have acquiesced in the splitting of plaintiffs claim and thus be unable to assert claim preclusion in either case based upon resolution of other
  • recognizing that an acquiescence to claim- (continued . . .) 21 (. . . continued) splitting can overcome a res judicata defense
  • “[A]fter the moving party makes a prima facie showing that no genuine issue of fact is in dispute and as a matter of law he is entitled to judgment, the burden shifts to the opposing party to rebut that prima facie showing with specific evidence demonstrating contested facts.”

Written by the judges who cited it.

The opinion

PER CURIAM:

The judgment of the Superior Court is affirmed based on the analysis in Parts II-III. of Judge FeRREn’s opinion, which Judge Wagner joins and, further, based on the result reached by Judge Wagner and Judge Reilly for different reasons, as indicated in their separate opinions.

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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