Legal Opinion

Brooks Trucking Co. v. Bull Rogers, Inc.

New Mexico Court of Appeals

Decided January 13, 2006No. 24,684PublishedCited by 14 opinions

1Opinion of the Court

OPINION

SUTIN, Judge.

{1} This appeal centers on whether this lawsuit by Brooks Trucking Co., Inc. against Bull Rogers, Inc. is barred by the doctrine of res judicata. We conclude that it is not. This lawsuit involves claims and transactions distinct and separate from the prior lawsuits in question. Important to our analysis of transactions is an issue of first impression in New Mexico. That issue involves the extent, if any, res judicata should apply where the claims asserted in the later lawsuit are based on operative facts that were not in existence at the time the earlier lawsuit was filed.…

2Cases cited9 opinions

  1. Jane Doe v. Allied-Signal, Inc.Court of Appeals for the Seventh Circuit · 1993
  2. Apodaca v. AAA Gas Co.New Mexico Court of Appeals · 2003
  3. The Baker Group, L.C. v. Burlington Northern and Santa Fe Railway Company, - in Re: The Baker Group, L.C.Court of Appeals for the Eighth Circuit · 2000
  4. Moffat v. Branch ex rel. VincoyNew Mexico Court of Appeals · 2005
  5. First State Bank v. MuzioNew Mexico Supreme Court · 1983

4 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Potter v. PierceNew Mexico Supreme Court · 2015
  2. Loveland Essential Group, LLC v. Grommon Farms, Inc.Colorado Court of Appeals · 2012
  3. Cruz v. FTS Construction, Inc.New Mexico Court of Appeals · 2006
  4. Stewart v. Virgin Islands Board of Land Use AppealsSupreme Court of The Virgin Islands · 2017
  5. Yaryan-Parks Trust v. Martinez (In re Martinez)United States Bankruptcy Court, D. New Mexico · 2012

9 more not listed; retrieve them via the Exa API.

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