Comments on: Case of the Day: Berg v. Ciampa https://lettersblogatory.com/2022/01/20/case-of-the-day-berg-v-ciampa/ The Blog of International Judicial Assistance Sun, 10 Nov 2024 22:13:04 +0000 hourly 1 https://wordpress.org/?v=6.9.4 By: Case of the Day: Berg v. Ciampa | Letters Blogatory https://lettersblogatory.com/2022/01/20/case-of-the-day-berg-v-ciampa/#comment-22086 Sun, 10 Nov 2024 16:32:09 +0000 https://lettersblogatory.com/?p=30673#comment-22086 […] case of the day is Berg v. Ciampa (D. Mass. 2022). I wrote about the case in January 2022. According to the complaint, Oscar and Mary Nelson established an inter vivid trust for the benefit […]

]]> By: Ted Folkman https://lettersblogatory.com/2022/01/20/case-of-the-day-berg-v-ciampa/#comment-3612 Wed, 26 Jan 2022 12:34:28 +0000 https://lettersblogatory.com/?p=30673#comment-3612 In reply to JMS.

Yes, but is that true when both suits on the judgment are in the same jurisdiction? Maybe, but that seems odd.

]]> By: JMS https://lettersblogatory.com/2022/01/20/case-of-the-day-berg-v-ciampa/#comment-3611 Thu, 20 Jan 2022 13:25:29 +0000 https://lettersblogatory.com/?p=30673#comment-3611 Ted – both Restatements of Judgments and the vast majority of common law authority recognize an action on a judgment as an exception to the merger rule of res judicata. There are a few areas where states are split, such as an action on the judgment in the same state that rendered the original judgment as a way to try to escape statutory renewal procedures, but this decision is actually completely consistent with the traditional rule that a judgment doesn’t merge into another judgment so you can sue on it in as many jurisdictions as necessary to enforce it.

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