Plaintiff appealed the dismissal of his civil complaint against defendants Where plaintiff’s claims of violations of state law were barred under principles of res judicata, the district court correctly dismissed plaintiff’s complaint. Judgment is affirmed. Wolfbauer v. Ocwen Loan Servicing ...

Tagged with: loans Res Judicata Violations of State Law

Where an appellant, who achieved a reversal of convictions for federal gambling and money-laundering, petitioned for a second time for a certificate of innocence, the second petition is barred by the doctrine of res judicata, so the judgment is affirmed. ...

Tagged with: Certificate of Innocence Res Judicata Successive Petition

Where a disabled man and a nonprofit organization that represented disabled individuals brought an action against a restaurant alleging ADA violations, the dismissal of the second suit was due to the plaintiffs’ decision to assert associational standing as a co-plaintiff ...

Tagged with: ADA Action Associational Standing Res Judicata

  Plaintiff appealed the order of the district court confirming an arbitration award in favor of defendants and dismissing plaintiff’s application to vacate the award. Where the court found no clear error of fact or other error of law by ...

Tagged with: arbitration award Breach contracts Res Judicata

Where homeowners, who sued a city and an animal shelter alleging violations of city zoning laws, challenged a judgment in favor of defendants, the judgment is affirmed because two of the homeowners’ points on appeal are barred by the law-of-the-case ...

Tagged with: Law Of The Case Property Law Real Property Law Res Judicata Zoning

  Where property owners who brought claims of zoning-ordinance violations against a city and an animal shelter challenged the judgment in favor of the defendants, the plaintiffs’ points relied on violate Rule 8.04 in multiple respects, and the judgment is ...

Tagged with: Appellate Points Relied On Res Judicata Zoning Case

Plaintiff appealed from the dismissal of his related §1983 actions. In the first action, the district court dismissed the complaint pre-service; in the second case, the district court dismissed on grounds of res judicata and failure to state a claim. ...

Tagged with: 42 U.S.C. §1983 civil rights Pre-Service Dismissal Res Judicata

Where in a dispute regarding the rights and obligations of the parties to a services agreement, the communications company appellant sought reimbursement of its prepayment for unused support services, the judgment is affirmed because res judicata barred the action, and ...

Tagged with: Attorney's fees civil practice Equitable Estoppel Res Judicata

Where appellants, who were family members of decedent, brought a will contest challenging the rejection by the probate division of one of the four purported wills of decedent, the trial court properly granted summary judgment in favor of the decedent’s ...

Tagged with: Collateral Attack probate Res Judicata Will Contest

Where in a dispute over the ownership of a guitar originally owned by Elvis Presley, appellant challenged the judgment in favor of the museum currently in possession of the instrument, arguing that a Tennessee judgment in his favor should be ...

Tagged with: civil practice Contract Case Privity Res Judicata

Boland v. St. Luke’s Health System, Inc. (MLW No. 71781/Case No. WD80928 – 14 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.)

Tagged with: fraud Res Judicata Statute Of Limitations Tort