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res judicata and collateral estoppel - North Carolina Business ...

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Identity of claim (cont’d)<br />

<br />

<br />

<br />

Transactional approach (Restatement)<br />

“All rights . . . to remedies against the<br />

defendant with <strong>res</strong>pect to all or any part<br />

of the transaction, or series of connected<br />

transactions, out of which the action<br />

arose.”<br />

Not adopted in NC<br />

But, applying different labels to a claim or<br />

defense does not, alone, render them<br />

distinct.<br />

Nor does a difference in the remedy<br />

sought.<br />

Nor does reliance on different evidence.

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