That observation, while perhaps applicable to the tenant-based voucher program at issue in Carter, is not relevant to the project-based housing program here, as Kirk's lease—on a standard form issued by HUD four years after Carter was decided—does, in fact, expressly provide for automatic renewal of the lease term.And that is the conclusion that we recently reached in Grady Management, Inc. v. Epps, 218 Md.App. 712, 98 A.3d 457 (2014), a case that also addressed a landlord-tenant dispute involving a project-based federal housing program. Id. at 716 n. 2, 98 A.3d 457.
[] The circuit court cited Brown v. Housing Opportunities Commission of Montgomery County , 350 Md. 570, 576–84, 714 A.2d 197 (1998) and Grady Management, Inc. v. Epps , 218 Md.App. 712, 98 A.3d 457 (2014), as cases dealing with the relationship between § 8–402.1 and federal regulations governing federally-subsidized housing. The circuit court concluded that neither case provided significant guidance.
either that an alleged breach is substantial or that it warrants eviction. In analyzing the preemption issue, the circuit court discussed Brown v. Housing Opportunities Commission , 350 Md. 570, 714 A.2d 197 (1998) and Grady Management, Inc. v. Epps , 218 Md.App. 712, 98 A.3d 457 (2014), as cases dealing with the relationship between RP § 8–402.1 and federal regulations governing federally-subsidized housing. However, the circuit court concluded that neither case provided significant guidance, as neither involved an issue of preemption.
Collateral estoppel is "based upon the judicial policy that the losing litigant deserves no rematch after a defeat fairly suffered, in adversarial proceedings, on issues raised . . . ." Grady Mgmt., Inc. v. Epps, 98 A.3d 457, 472 (Md. Ct. Spec. App. 2014) (citation omitted). The doctrine bars relitigation of an issue if a defendant demonstrates that (1) there was "a final judgment on the merits in the prior litigation"; (2) "the party against whom the plea is asserted" was "a party or in privity with the party in the prior adjudication"; (3) "the issue decided in the prior litigation [is] identical with the issue presented in the subsequent litigation"; and (4) "the issue actually litigated [was] essential to the judgment in the prior action."
"Res judicata and collateral estoppel are based upon the judicial policy that the losing litigant deserves no rematch after a defeat fairly suffered, in adversarial proceedings, on issues raised, or that should have been raised." Grady Mgmt., Inc. v. Epps, 98 A.3d 457, 472 (Md. Ct. Spec. App. 2014). "Res judicata . . . bars a party from relitigating a claim that was decided or could have been decided in an original suit."
"Res judicata and collateral estoppel are based upon the judicial policy that the losing litigant deserves no rematch after a defeat fairly suffered, in adversarial proceedings, on issues raised, or that should have been raised." Grady Mgmt., Inc. v. Epps, 98 A.3d 457, 472 (Md. Ct. Spec. App. 2014).
Collateral estoppel is "'based upon the judicial policy that the losing litigant deserves no rematch after a defeat fairly suffered, in adversarial proceedings, on issues raised . . . .'" Grady Mgmt., Inc. v. Epps, 98 A.3d 457, 472 (Md. Ct. Spec. App. 2014) (citation omitted). The doctrine bars relitigation of an issue if a defendant demonstrates that (1) "the issue decided in the prior adjudication [was] identical with the one presented in the action in question"; (2) "there [was] a final judgment on the merits"; (3) "the party against whom the plea is asserted [was] a party or in privity with a party to the prior adjudication"; and (4) "the party against whom the plea is asserted [was] given a fair opportunity to be heard on the issue."
Def.'s Reply 3. Collateral estoppel is "'based upon the judicial policy that the losing litigant deserves no rematch after a defeat fairly suffered, in adversarial proceedings, on issues raised . . . .'" Grady Mgmt., Inc. v. Epps, 98 A.3d 457, 472 (Md. Ct. Spec. App. 2014) (citation omitted). The doctrine bars relitigation of an issue if a defendant demonstrates that (1) there was "a final judgment on the merits in the prior litigation"; (2) "the party against whom the plea is asserted" was "a party or in privity with the party in the prior adjudication"; (3) "the issue decided in the prior litigation [is] identical with the issue presented in the subsequent litigation"; and (4) "the issue actually litigated [was] essential to the judgment in the prior action."
“Res judicata and collateral estoppel ‘are based upon the judicial policy that the losing litigant deserves no rematch after a defeat fairly suffered, in adversarial proceedings, on issues raised, or that should have been raised.’ ” Grady Mgmt., Inc. v. Epps , 218 Md.App. 712, 98 A.3d 457, 472 (2014) (citation omitted). While “[c]ollateral estoppel has often been described as a doctrine absorbed within res judicata ,” it is a separate doctrine that “operates collaterally to preclude relitigation of issues that the same parties already had litigated.”
Def.'s Mem. 16. "Res judicata and collateral estoppel 'are based upon the judicial policy that the losing litigant deserves no rematch after a defeat fairly suffered, in adversarial proceedings, on issues raised, or that should have been raised.'" Grady Mgmt., Inc. v. Epps, 98 A.3d 457, 472 (Md. Ct. Spec. App. 2014) (citation omitted). While "[c]ollateral estoppel has often been described as a doctrine absorbed within res judicata," it is a separate doctrine that "operates collaterally to preclude relitigation of issues that the same parties already had litigated."