KOCK

v.

QUAKER OATS CO. ET AL.

Citator

Cited By (38 total)

• Dalbon v. Women's Specialty Retailing Grp., 674 So. 2d 799 (Fla. 4th DCA 1996)
  …se. * * * As the former Fifth Circuit observed, in determining whether the causes of action are the same, the substance of the actions, not the form, controls, [c.o.]” Bay v. Tennessee Valley Auth., 677 F. 2d 818, 821 (11th Cir.1982), cert. denied, 459 U.S. 1147, 103 S.Ct. 788, 74 L.Ed.2d 994 (1983). There is no doubt in our mind that the newly advanced claims for misrepresentation and negligent supervision and retention of the supervisor arise from the same core of facts underlying the state law negligent…
• Linnehan v. State, 454 So. 2d 625 (Fla. 2d DCA 1984)
  …affirm. We conclude that the trial court was correct in ruling the evidence would be irrelevant because the evidence would not have established the “necessity” defense. United States v. Seward, 687 F. 2d 1270, 1274-76 (10th Cir.1982), cert. denied, 459 U.S. 1147, 103 S.Ct. 789, 74 L.Ed.2d 995 (1983). The language of the Fourth Circuit Court of Appeals in United States v. Cassidy, 616 F. 2d 101 (4th Cir.1979), reflects our conclusions in the case at hand: [E]ven if possession of nuclear weapons is illegal a…
• I.A. Durbin, Inc. v. Jefferson Nat'l Bank, 793 F.2d 1541 (11th Cir. 1986)
  …th suits; and (4) the same cause of action must be involved in both cases. See, e.g., Hart v. Yamaha-Parts Distributors, Inc., 787 F. 2d 1468, 1470 (11th Cir.1986); Ray v. Tennessee Valley Authority, 677 F. 2d 813, 821 (11th Cir.1982), cert. denied, 459 U.S. 1147, 103 S.Ct. 788, 74 L.Ed.2d 994 (1983). Collateral estoppel or issue preclusion forecloses relitigation of an issue of fact or law that has been litigated and decided in a prior suit. There are several prerequisites to the application of collateral…