HAWKINSON

v.

JOHNSTON

Citator

Cited By (15 total)

• Acree v. AIR Line Pilots Ass'n, 390 F.2d 199 (5th Cir. 1968)
  …t of every matter which was actually offered and received to sustain the demand or to make out a defense, but also as to every ground of recovery or defense which might have been presented.” Mendez v. Bowie, 1 Cir., 118 F. 2d 435, 440, cert. denied, 314 U.S. 639, 62 S.Ct. 76, 86 L.Ed. 513 (1941); IB J. W. Moore, Federal Practice ft 0.405 [3] (2d ed. 1965). It is sometimes asserted that a decision has res judicata effect only if it is on the merits. But this overstates the case, for as the Supreme Court has…
• Harper Plastics, Inc. v. Amoco Chems. Corp., 657 F.2d 939 (7th Cir. 1981)
  …every matter which was actually offered and received to sustain the demand or. to make out a defense, but also as to every ground of recovery or defense which might have been presented.” Mendez v. Bowie, 118 F. 2d 435, 440 (1st Cir.), cert. denied, 314 U.S. 639, 62 S.Ct. 76, 86 L.Ed. 513 (1941). This application of the doctrine of res judicata operates to prevent the splitting of a single cause of action and the use of several grounds for recovery under the same action as the basis for separate suits. Id.…
• Whitley v. Seibel, 676 F.2d 245 (7th Cir. 1982)
  …nse, but also * * * every ground of recovery or defense which might have been presented.’ ” Harper Plastics v. Amoco Chemicals Corp., 657 F. 2d 939, 945 (7th Cir. 1981), quoting Mendez v. Bowie, 118 F. 2d 435, 440 (1st Cir. 1941), certiorari denied, 314 U.S. 639, 62 S.Ct. 76, 86 L.Ed. 513. . This authority is, however, soundly criticized in G. Hazard, Revisiting the Second Restatement of Judgments: Issue Preclusion and Related Problems, 66 Cornell L.Rev. 564, 581-585 (1981). Professor Hazard served as Repo…