Cited by
Opinions in New Hampshire that cite Eastern Marine Construction Corp. v. First Southern Leasing, Ltd., 525 A.2d 709.
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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).
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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.
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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).
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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).
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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).
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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).
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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).
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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).
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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
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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
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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).
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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).
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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).
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Berthiaume v. McCormack
891 A.2d 539
N.H. 2006
Eastern Marine Const. Corp. v. First Southern Leasing, 129 N.H. 270, 273 (1987).
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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).
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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).
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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).
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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).
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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).
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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).
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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).
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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).
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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).
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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).
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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).
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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).
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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).
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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)).
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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.
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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).
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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).
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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).
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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.
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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.