What is the difference between federal and state courts on the issue of "identical issue" in a civil action brought by a plaintiff against a former federal judge?

California, United States of America


The following excerpt is from Jones v. John Crane Inc., B238445 (Cal. App. 2013):

factual issues decided by the federal court under the former version of the statute were different from the factual issues presented to the state court due to the significant relevant substantive changes in the statute relating to the factual requirements for standing. (Id. at pp. 1514-1515.) As we noted, the "'"identical issue" requirement addresses whether "identical factual allegations" are at stake in the two proceedings, not whether the ultimate issues or dispositions are the same.'" (Id. at p. 1515, quoting from Lucido v. Superior Court (1990) 51 Cal.3d 335, 342.)

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Does the pendency of a federal action brought by a state against a federal defendant have any bearing in determining whether the federal action is pending? (California, United States of America)
Does a judge have to be immune from liability in a civil action brought by a plaintiff who, as a result of his actions, knowingly or otherwise, consented to non-consensual sterilization? (California, United States of America)
What is the difference between a personal and official capacity civil action and a civil action for deprivation of federal rights? (California, United States of America)
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
What are the consequences of a Federal Court finding that a federal court violated a plaintiff's constitutional rights by imposing fees and fines without making a determination of his ability to pay? (California, United States of America)
Can a cause of action first asserted in state court relate back to a claim made in federal court? (California, United States of America)
How have the courts dealt with an ordinary civil action filed in circumstances where a family member of a deceased plaintiff sued to force the burial of their mother at a different cemetery? (California, United States of America)
How have defendants defended their actions in a civil action brought by a plaintiff who alleges they failed to properly raise the railing to comply with the current code requirements? (California, United States of America)
In what circumstances will the Supreme Court strike down a section of the Civil Rights Act that prohibits the use of certain types of civil rights, such as civil liberties, as well as those of the individual, in the context of civil liberties? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.