(Download) "Moffat v. Branch" by In the Court of Appeals of the State of New Mexico * Book PDF Kindle ePub Free
eBook details
- Title: Moffat v. Branch
- Author : In the Court of Appeals of the State of New Mexico
- Release Date : January 18, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
1 This case continues a controversy over attorney fees generated from a medical malpractice settlement. See Moffat v. Branch, 2002-NMCA-067, 132 N.M. 412, 49 P.3d 673 [hereinafter Moffat I]. Attorney Stephen Moffat asserts that he should be allowed to pursue claims in state court against attorneys Branch and Branney, who procured the settlement for Elizabeth Vincoy, Moffats former client. The district court granted summary judgment to Branch and Branney, concluding that Moffats claims were barred by the doctrine of res judicata (claim preclusion) due to a prior federal court judgment rejecting Moffats attorney charging lien. In light of claim preclusion principles, we conclude that Moffats current claim is the "same claim" as the one decided by the federal court, that he had a full and fair opportunity to litigate his claim in federal court, and that he is barred from asserting this claim again. We therefore affirm the district court because "[c]courts are committed to providing every litigant a full and fair opportunity to sue or defend[, b]ut once a judgment is rendered after such an opportunity, justice requires that there be an end to the litigation." Ford v. N.M. Dept of Pub. Safety, 119 N.M. 405, 409, 891 P.2d 546, 550 (Ct. App. 1994).
 "Moffat v. Branch" by In the Court of Appeals of the State of New Mexico * Book PDF Kindle ePub Free){kind=link}