Riley v. Moreland

44 Citing cases

  1. Gates v. Walker

    865 F. Supp. 1222 (S.D. Miss. 1994)   Cited 21 times
    Granting summary judgment for school board based on collateral estoppel and res judicata

    all issues tried in the prior lawsuit, as well as all matters which should have been litigated and decided in the prior suit, if four identities of res judicata are present: (1) identity of the subject matter of the action; (2) identity of the cause of action; (3) identity of the parties to the cause of action; and (4) identity of the quality or character of a person against whom the claim is made.Riley v. Moreland, 537 So.2d 1348, 1354 (Miss. 1989) (quoting Dunaway v. W.H. Hopper Assocs., Inc., 422 So.2d 749, 751 (Miss. 1982); see also Johnson v. Howell, 592 So.2d 998, 1002 (Miss.

  2. Kennedy v. Jefferson Cnty. Hosp.

    CIVIL ACTION NO: 5:13-cv-226(DCB)(MTP) (S.D. Miss. Aug. 12, 2016)

    (1) identity of the subject matter of the action; (2) identity of the cause of action; (3) identity of the parties to the cause of action; and (4) identity of the quality or character of a person against whom the claim is made.Riley v. Moreland, 537 So.2d 1348, 1354 (Miss. 1989)(quoting Dunaway v. W.H. Hopper and Associates, Inc., 422 So.2d 749, 751 (Miss. 1982).

  3. Bullock v. Resolution Trust Corp.

    918 F. Supp. 1001 (S.D. Miss. 1995)   Cited 5 times

    See Johnson v. Howell, 592 So.2d 998, 1002 (Miss. 1991); Riley v. Moreland, 537 So.2d 1348, 1354 (Miss. 1989); Dunaway v. W.H. Hopper Assoc., 422 So.2d 749, 751 (Miss. 1982).

  4. Moreland v. Riley

    716 So. 2d 1057 (Miss. 1998)   Cited 6 times

    This case involves a dispute over the apportionment of attorney's fees arising from the wrongful death suit of Mark Moreland. This is actually the fourth time these parties have carried their ongoing dispute before this Court. Riley v. Moreland, 537 So.2d 1348 (Miss. 1989) ( Moreland III); Moreland v. Riley, 537 So.2d 1345 (Miss. 1989) ( Moreland II); Moreland v. Moreland, 537 So.2d 1337 (Miss.

  5. Little v. V G Welding Supply, Inc.

    95 CA 70 (Miss. 1997)   Cited 90 times
    Holding a sentencing delay of nearly six months was not unreasonable

    Even though the federal suit was labeled a products liability case premised upon a design defect and the instant suit is deemed a wrongful death action based upon a manufacturing defect, this distinction does not destroy the second identity. In Riley v. Moreland, 537 So.2d 1348 (Miss. 1989), this Court explained that "[i]dentity of the cause of action exists when there is a commonality in the `underlying facts and circumstances upon which a claim is asserted and relief sought from the two actions.'" Id. at 1354 ( citing Walton v. Bourgeois, 512 So.2d 698, 701 (Miss.

  6. City of Jackson v. Lakeland Lounge

    688 So. 2d 742 (Miss. 1996)   Cited 19 times
    Holding that "a party may not relitigate and attempt to elude res judicata by raising a new legal theory" and "[b]ecause the underlying facts were the same, the city did not destroy the identity of cause of action by raising a new legal theory in the state action."

    Johnson v. Howell, 592 So.2d 998, 1002 (Miss. 1991); Riley v. Moreland, 537 So.2d 1348, 1354 (Miss. 1989); Dunaway, at 751. "Where one has a choice of more than one theory of recovery for a given wrong, she may not assert them serially in successive actions but must advance all at once on pain of the bar of res judicata."

  7. McIntosh v. Johnson

    649 So. 2d 190 (Miss. 1995)   Cited 13 times
    Clarifying distinction between doctrines of res judicata and collateral estoppel

    Trammell v. State, 622 So.2d 1257, 1261 (Miss. 1993), citing Riley v. Moreland, 537 So.2d 1348, 1354 (Miss. 1989). Riley properly states that res judicata bars both claims that were made, or should have been made, in the prior suit.

  8. Hood v. Dept. of Wildlife Conservation

    571 So. 2d 263 (Miss. 1990)   Cited 39 times

    Common Cause of Mississippi, Inc. v. Smith, 548 So.2d 412, 414 (Miss. 1989); Riley v. Moreland, 537 So.2d 1348, 1351 (Miss. 1989). In "typing" the case we look to "the nature of the controversy and the relief sought," Johnson v. Hinds County, 524 So.2d 947, 952 (Miss.

  9. Lacroix v. Marshall County, Mississippi

    409 F. App'x 794 (5th Cir. 2011)   Cited 45 times
    Affirming the district court's dismissal of claims as res judicata

    Id. (interpreting Mississippi case law and citing Harrison, 891 So.2d 224).Black v. City of Tupelo, 853 So.2d 1221, 1225 (Miss. 2003) (citing Riley v. Moreland, 537 So.2d 1348, 1354 (Miss. 1989)).See LaVere, 895 So.2d at 835.

  10. Ellis v. Tupelo Pub. Sch. Dist.

    CIVIL ACTION NO.: 1:12-CV-234-SA-DAS (N.D. Miss. Mar. 31, 2014)   Cited 4 times   1 Legal Analyses
    Finding that res judicata barred plaintiff's due process claim arising out of alleged irregularities attending his termination hearing

    In gauging whether identity of subject matter exists, the court's recent analysis has focused on the actual basis of the actions, "rather than the identity of the things sued for." Gates v. Walker, 62 F.3d 394, at *3 (5th Cir. 1995) (not reported) (citing Riley v. Moreland, 537 So. 2d 1348, 1354 (Miss. 1989)). In other words, "identity of subject matter turns on a general characterization of the suit.