Cited by

Opinions in New Hampshire that cite Eastern Marine Construction Corp. v. First Southern Leasing, Ltd., 525 A.2d 709.

34 citing documents.

  • Tycollo Graham v. Eurosim Construction & a. N.H. 2023
    Requiring trial courts — and this court — to do so in every case or appeal involving the preclusive effect of a dismissal order that is silent as to prejudice is antithetical to the objectives of the doctrine of res judicata, which is “[s]purred by considerations of judicial economy and a policy of certainty and finality in our legal system.” Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 273 (1987) (quotation omitted).
  • Evelyn Tarnawa v. Richard Goode 213 A.3d 867 N.H. 2019
    In Eastern Marine Construction Corp. v. First Southern Leasing, 129 N.H. 270 (1987), we adopted “what we consider[ed] to be the modern and better view” of what constitutes a “cause of action” for purposes of res judicata.
  • Robert V. Cavanagh & a. v. Charles Beaulieu & a. N.H. 2017
    of Adjustment, 159 N.H. 725, 731 (2010) (finding two suits involved same cause of action when no material fact alleged in second suit was not alleged in first suit); Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 275-76 (1987) (same).
  • Agha S. Ahmad v. Federal National Mortgage Association N.H. 2017
    Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 273 (1987).
  • Andrew O'Leary v. Richard Brown & a. N.H. 2015
    Meier, 154 N.H. at 340; Cathedral of the Beechwoods v. Pare, 138 N.H. 389, 391 (1994); Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 274-75 (1987); Boucher v. Bailey, 117 N.H. 590, 592 (1977).
  • Appeal of Town of Goshen N.H. 2015
    “Spurred by considerations of judicial economy and a policy of certainty and finality in our legal system, the doctrines of res judicata and collateral estoppel have been established to avoid repetitive litigation so that at some point litigation over a particular controversy must come to an end.” Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 273 (1987) (quotation omitted).
  • In re Mason 58 A.3d 1153 N.H. 2012
    “Spurred by considerations of judicial economy and a policy of certainty and finality in our legal system, the doctrines of res judicata and collateral estoppel have been established to avoid repetitive litigation so that at some point litigation over a particular controversy must come to an end.” Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 273 (1987) (quotation omitted).
  • Brooks v. Trustees of Dartmouth College 20 A.3d 890 N.H. 2011
    We have defined a “cause of action” as “all theories on which relief could be claimed on the basis of the factual transaction in question.” Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 275 (1987).
  • Kalil v. Town of Dummer Zoning Board of Adjustment 159 N.H. 725 N.H. 2010
    In addressing whether res judicata barred the plaintiffs inverse condemnation claim, we relied upon Eastern Marine Construction Corp. v. First Southern Leasing, 129 N.H. 270, 274, 275 (1987), in which we embraced the modern trend “to define cause of action collectively to refer to all theories on which relief could be claimed on the basis of the factual transaction in question,” and “rejected] the view that the term is synonymous with the particular legal theory in which a party’s claim f
  • Kalil v. TOWN OF DUMMER 992 A.2d 725 N.H. 2010
    In addressing whether res judicata barred the plaintiff's inverse condemnation claim, we relied upon Eastern Marine Construction Corp. v. First Southern Leasing, 129 N.H. 270, 274, 275, 525 A.2d 709 (1987), in which we embraced the modern trend "to define cause of action collectively to refer to all theories on which *730 relief could be claimed on the basis of the factual transaction in question," and "reject[ed] the view that the term is synonymous with the particular legal theory in wh
  • Sleeper v. HOBAN FAMILY PARTNERSHIP 955 A.2d 879 N.H. 2008
    New Hampshire embraces the modern trend “to define cause of action collectively to refer to all theories on which relief could be claimed on the basis of the factual transaction in question.” Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 275 (1987); see Goffin v. Tofte, 146 N.H. 415, 417 (2001); Restatement (Second) of Judgments § 24, at 197 (1982).
  • Meier v. Town of Littleton 910 A.2d 1243 N.H. 2006
    Our cases do contain language suggesting a somewhat more expansive definition of “cause of action.” For example, we have stated that “the term [cause of action] connotes facts which give rise to one or more relations of right-duty between two or more persons.” Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 275 (1987) (brackets and quotation omitted).
  • Fastrack Crushing Services, Inc. v. Abatement International/Advatex Associates, Inc. 893 A.2d 674 N.H. 2006
    Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 273 (1987).
  • Berthiaume v. McCormack 891 A.2d 539 N.H. 2006
    Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 273 (1987).
  • Osman v. Gagnon 876 A.2d 193 N.H. 2005
    “The essence of the doctrine of res judicata is that a final judgment by a court of competent jurisdiction is conclusive upon the parties in a subsequent litigation involving the same cause of action.” Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 273 (1987) (quotation omitted).
  • Cook v. Sullivan 829 A.2d 1059 N.H. 2003
    “Spurred by considerations of judicial economy and a policy of certainty and finality in our legal system, the doctrines of res judicata and collateral estoppel have been established to avoid repetitive litigation so that at some point litigation over a particular controversy must come to an end.” Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270,273 (1987) (quotation omitted).
  • Appeal of the University System of New Hampshire Board of Trustees 795 A.2d 840 N.H. 2002
    “Spurred by considerations of judicial economy and a policy of certainty and finality in our legal system, the doctrines of res judicata and collateral estoppel have been established to avoid repetitive litigation so that at some point litigation over a particular controversy must come to an end.” Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 273 (1987) (quotation omitted).
  • Brzica v. Trustees of Dartmouth College 791 A.2d 990 N.H. 2002
    nd their Tell I complaint to add these claims was denied, and counts IV and V constitute different causes of action than the claims in Tell I. “The essence of the doctrine of res judicata is that a final judgment by a court of competent jurisdiction is conclusive upon the parties in a subsequent litigation involving the same cause of action.” Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 273 (1987) (quotation omitted).
  • Goffin v. Tofte 772 A.2d 896 N.H. 2001
    We have defined a “cause of action” as “all theories on which relief could be claimed on the basis of the factual transaction in question.” Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 275 (1987).
  • Canty v. Hopkins 773 A.2d 1 N.H. 2001
    “Whether sounding at law or in equity, conflicting claims flowing from a common source should be determined in a single action, thus avoiding vexatious litigation and conflicting judgments.” Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 277 (1987) (quotation and brackets omitted).
  • West Gate Village Ass'n v. Dubios 145 N.H. 293 N.H. 2000
    refer[s] to all theories on which relief could be claimed on the basis of the factual transaction in question.” Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 275, 525 A.2d 709, 712 (1987).
  • Warren v. Town of East Kingston 761 A.2d 465 N.H. 2000
    “The essence of the doctrine of res judicata is that a final judgment by a court of competent jurisdiction is conclusive upon the parties in a subsequent litigation involving the same cause of action.” Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 273, 525 A.2d 709, 711-12 (1987) (quotation omitted).
  • In re Estate of Hemon 706 A.2d 673 N.H. 1998
    “[A]t some point litigation over a particular controversy must come to an end.” Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 273, 525 A.2d 709, 711 (1987) (quotation omitted).
  • Hallisey v. DECA Corp. 667 A.2d 343 N.H. 1995
    [has] been established to avoid repetitive litigation so that at some point litigation over a particular controversy must come to an end.” Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 273, 525 A.2d 709, 711 (1987) (quotation omitted).
  • ERG, Inc. v. Barnes 624 A.2d 555 N.H. 1993
    “The essence of the doctrine of res judicata is that a final judgment by a court of competent jurisdiction is conclusive upon the parties in a subsequent litigation involving the same cause of action.” Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 273, 525 A.2d 709, 711-12 (1987) (quotation omitted).
  • Marston v. United States Fidelity & Guaranty Co. 609 A.2d 745 N.H. 1992
    Under res judicata, “a final judgment by a court of competent jurisdiction is conclusive upon the parties in a subsequent litigation involving-the same cause of action.” Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 273, 525 A.2d 709, 711-12 (1987) (citations and quotation omitted); see also Barton v. Barton, 125 N.H. 433, 435, 480 A.2d 199, 200 (1984) (res judicata applies to proceedings following default judgments).
  • Drop Anchor Realty Trust v. Ouellette 584 A.2d 772 N.H. 1990
    “The essence of the doctrine of res judicata is that ‘a final judgment by a court of competent jurisdiction is conclusive upon the parties in a subsequent litigation involving the same cause of action.’” Eastern *745 Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 273, 525 A.2d 709, 711-12 (1987) (citation omitted).
  • Taylor v. Nutting 578 A.2d 347 N.H. 1990
    “The essence of the doctrine of res judicata is that ‘a final judgment by a court of competent jurisdiction is conclusive upon the parties in a subsequent litigation involving the same cause of action.’” Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 273, 525 A.2d 709, 711-12 (1987) (quoting Bricker v. Crane, 118 N.H. 249, 252-53, 387 A.2d 321, 323 (1978)).
  • Radkay v. Confalone 575 A.2d 355 N.H. 1990
    The Superior Court (Temple, J.), relying on our decision in Eastern Marine Construction Corp. v. First Southern Leasing, 129 N.H. 270, 525 A.2d 709 (1987), dismissed the action, and the plaintiff appeals.
  • Opinion of the Justices 558 A.2d 454 N.H. 1989
    This court has recognized that “a final judgment by a court of competent jurisdiction is conclusive upon the parties in a subsequent litigation involving the same cause of action.” Eastern Marine Const Corp. v. First Southern Leasing, 129 N.H. 270, 273, 525 A.2d 709, 711-12 (1987) (citations omitted).
  • Miller v. Basbas 553 A.2d 299 N.H. 1988
    Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 273, 525 A.2d 709, 711 (1987).
  • Town of Auburn v. McEvoy 553 A.2d 317 N.H. 1988
    generally Eastern Marine Const. Corp v. First Southern Leasing, 129 N.H. 270, 525 A.2d 709 (1987) (scope of “cause of action” subject to res judicata); Appeal of Global Moving & Storage of N.H., Inc., 122 N.H. 784, 789, 451 A.2d 167, 171 (1982) (administrative determination may be granted preclusive effect of judgment); Restatement (Second) oí1 Judgments § *386 83 (1982).
  • Shepherd v. Town of Westmoreland 543 A.2d 922 N.H. 1988
    During the trial, the court learned of our recent decision in Eastern Marine Construction Corporation v. First Southern Leasing, Ltd., 129 N.H. 270, 525 A.2d 709 (1987), which analyzes this State’s application of the doctrine of res judicata to particular facts and circumstances.
  • Aubert v. Aubert 529 A.2d 909 N.H. 1987
    In Eastern Marine v. First Southern Leasing Ltd., 129 N.H. 270, 525 A.2d 709 (1987), this court took a step in the direction of clarifying preclusion law in this State by adopting the Restatement (Second) of Judgments definition of cause of action for res judicata purposes.