FIVE STAR CAPITAL CORP. v. RUBY

No. 48480.

194 P.3d 709 (2008)

FIVE STAR CAPITAL CORPORATION, Appellant, v. Michael W. RUBY, Individually and as Trustee of the Ruby Revocable Trust, Respondent.

Supreme Court of Nevada.

October 30, 2008.


Attorney(s) appearing for the Case

Scarpello & Huss, Ltd., and Mark R. Forsberg, Carson City, for Appellant.

Thorndal, Armstrong, Delk, Balkenbush & Eisinger, and Brian K. Terry and Boone L. Cragun, Las Vegas, for Respondent.

Before the Court En Banc.


OPINION

By the Court, SAITTA, J.

This appeal raises the issue of whether claim preclusion applies to prevent a party from bringing a second lawsuit when the first lawsuit was dismissed under a local court rule for failure to attend a pretrial calendar call. In resolving this issue, we clarify the tests for determining when claim preclusion or issue preclusion applies. We then conclude that claim preclusion applies in the present case and therefore...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases