101 South Hanley, Suite 1280 Clayton, MO 63105
314.283.8930; henry@elsterlaw.com

Will Contest, Multiple Wills, Res Judicata

If a will contest is successful, then the legal effect is that the will is invalid and void. Section 473.083.7 (A will contest determines “intestacy or testacy or which writing or writings constitute the decedent’s will.”). Accordingly, assuming there is no prior will, the Court finds that the person died intestate/without a will in the […]

Read More

Law of the Case Doctrine, Re-litigation

There are numerous legal theories and arguments which prohibit the re-litigation of certain issues that were previously decided (e.g, collateral estoppel, res judicata). One such theory — the “law-of-the-case doctrine” — dictates that a previous holding or finding in a case constitutes the law of the case and precludes re-litigation of the issue on remand […]

Read More

Res Judicata — Claim Preclusion

Collateral estoppel — issue preclusion — prohibits the re-litigation of certain issues. Similarly, res judicata — claim preclusion — prohibits the re-litigation of claims. In order for a claim to be barred by res judicata, the following factors must be met: 1) identity of the thing sued for; 2) identity of the cause of action; 3) identity of the persons […]

Read More