THE ISSUE In a subsequent trial of a counterclaim for malicious prosecution, did a judge err by giving preclusive
effect to prior judicial findings, when those findings had the potential to confuse the jury and make it more challenging for the defendants to rebuff the counterclaim?
Lebanon-Italy (32) BITs, the preclusive
effect of the relevant clauses
For instance, Brazil's 2003 Civil Code omitted its predecessor's provision imparting an immediate preclusive
impact to an agreement conciliating a legal quarrel.
This Note argues that claim construction by the PTAB--that is, administrative determinations of the scope of a given patent (20)--should give rise to issue preclusion, forming a preclusive
outer bound of a patent's scope.
The Court of Appeals concluded that mutuality of estoppel exits between Dinehart and Great Lakes because each are equally bound by the district court's decision and the district court action would have had a preclusive
effect on Great Lakes' ability to relitigate the mold question had the district court determined that there was mold in the Hemmingway apartment.
value not to be preclusive
and lockups of 17% of the deal value to be
For example, Kames "observe[d] with regret" cases in which a superior landowner's right was invalidated, and then that judgment was given preclusive
affect against lesser land claimants who had not been party to the original action.
The concept that a final judgment may have a preclusive
Counsel may refer to an unpublished disposition, however, when the binding (i.e., the res judicata or law of the case) or preclusive
effect of the disposition, rather than its quality as precedent, is relevant.
Specifically, Surinov challenged the constitutionality of Article 90 of the Code of Criminal Procedure, which provides, in pertinent part, that a sentence imposed by a court of general jurisdiction has preclusive
effect in a subsequent criminal investigation.
It also found that B&N's rights plan did not preclude Burkle from "a fair chance at victory" in a proxy contest--under the Unocal standard, rights plans cannot be preclusive
. Applying that analysis, the court upheld B&N's shareholder rights plans.
In the wake of the Dutton decision, however, the class action procedure is presumed to be available in all provinces and defendants would rather extend the class as far as possible so that the preclusive
effect of the judgment would settle the claims against them once and for all.
(18) Still, an argument can be made that dismissals for failure to state a claim due to a failure to comply with more stringent federal pleading requirements should not be given claim preclusive
effect in state courts with less stringent requirements.
As a result, license revocation summary suspension hearings are not given preclusive
effect in subsequent civil litigation.
Over the last dozen years or so, Jan's water law scholarship touched on a rather astonishing array of topics, including adaptive management, (86) federal bypass flows, (87) Indian treaty fishing rights and the preclusive
effect of Indian Claims Commission decisions, (88) integrated water and land use planning, (89) ecosystem services.