Lott v. Toomey

1 Citing case

  1. Morris ex rel. Estate of Morris v. Trust Co. of Va.

    CASE NO. 2:12-CV-1020-WKW LEAD CASE [WO] (M.D. Ala. Mar. 31, 2015)

    It is noted, however, that the Trust Company cites Alabama law on res judicata in its supplemental brief. (Lead Case Doc. # 87, at 8 (citing Lott v. Toomey, 477 So. 2d 316, 319 (Ala. 1985)).) A party whose claim for relief arising from identified conduct, a transaction, or an occurrence, is decided on the merits by a final judgment, shall be forever barred from prosecuting any second or subsequent civil action against the same opposing party or parties on any claim or cause of action that arises from that same conduct, transaction or occurrence, whether or not the legal theory or rights asserted in the second or subsequent action were raised in the prior lawsuit, and regardless of the legal elements or the evidence upon which any claims in the prior proceeding depended, or the particular remedies sought.