Fredericks v. Vogel Law Firm

5 Citing cases

  1. Benson v. Kemske

    Civil File No. 17-3839 (MJD/DTS) (D. Minn. Aug. 18, 2020)   Cited 1 times

    Res judicata means a valid, final judgment is conclusive with regard to claims raised, or claims that could have been raised, as to the parties and their privies in future actions.Fredericks v. Vogel Law Firm, 946 N.W.2d 507, 510-11 (N.D. 2020) (citations omitted). Res judicata applies even though the subsequent claims may be based on a different legal theory.

  2. Oden v. Minot Builders Supply

    2021 N.D. 30 (N.D. 2021)   Cited 3 times

    Fettig v. Estate of Fettig , 2019 ND 261, ¶ 18, 934 N.W.2d 547 (quoting Perdue v. Knudson , 179 N.W.2d 416, 422 (N.D. 1970) ). Fredericks v. Vogel Law Firm , 2020 ND 171, ¶¶ 10-11, 946 N.W.2d 507. [¶18] Oden argues the Missouri administrative proceeding occurred prior to the decision in the Burleigh County case and the earlier decision should be afforded priority.

  3. Estate of Seidel v. Seidel

    2021 N.D. 6 (N.D. 2021)   Cited 2 times

    [¶10] "Res judicata, or claim preclusion, prevents relitigation of claims that were raised, or could have been raised, in prior actions between the same parties or their privies." Fredericks v. Vogel Law Firm , 2020 ND 171, ¶ 10, 946 N.W.2d 507. Res judicata means a valid, final judgment from a court of competent jurisdiction is conclusive with regard to claims raised, or claims that could have been raised, as to the parties and their privies in subsequent actions. Kulczyk v. Tioga Ready Mix Co. , 2017 ND 218, ¶ 10, 902 N.W.2d 485. Res judicata should not "be applied so rigidly as to defeat the ends of justice." Fettig v. Estate of Fettig , 2019 ND 261, ¶ 15, 934 N.W.2d 547.

  4. Argenti v. Buller (In re Buller)

    2020 N.D. 270 (N.D. 2020)   Cited 5 times

    The doctrine of res judicata forecloses parties from litigating claims that were raised, or could have been raised, in prior actions between the same parties. Ungar v. N.D. State Univ. , 2006 ND 185, ¶ 11, 721 N.W.2d 16. "Whether res judicata applies is a question of law, fully reviewable on appeal." Fredericks v. Vogel Law Firm , 2020 ND 171, ¶ 10, 946 N.W.2d 507. [¶10] In order for a claim to be barred by the doctrine of res judicata, there must be a final judgment on the merits by a court of competent jurisdiction.

  5. Heartland Tr. Co. v. Finstrom (In re Estate of Finstrom)

    2020 N.D. 227 (N.D. 2020)   Cited 5 times

    [¶46] Res judicata prevents relitigation of claims that were raised, or could have been raised, in prior actions between the same parties or their privies. Fredericks v. Vogel Law Firm , 2020 ND 171, ¶ 10, 946 N.W.2d 507. A judgment on the merits in the first action between the same parties constitutes a bar to the subsequent action based upon the same claim or claims or cause of action.