Historically,
issue preclusion required mutuality of parties, (24) and patent law was no exception.
According to Stern, the decision announces an entirely new way of looking at
issue preclusion in the context of malicious prosecution counterclaims.
"Even assuming the issue of injury had been actually and essentially determined in Hately Iwhich it was notthe district court nevertheless erred in applying
issue preclusion because Virginia ...
Where (1) Puerto Rico courts concluded in preliminary hearings that weapons charges against a defendant were not supported by probable cause, (2) the defendant then pleaded guilty to equivalent federal charges based on the same conduct and (3) he later moved to dismiss the federal indictment on double jeopardy and
issue preclusion grounds, a U.S.
Ashe stands for the proposition that
issue preclusion is part of the
Basic principles of res judicata (merger and bar or claim preclusion) and collateral estoppel (
issue preclusion) apply.
In Bayer, the Court held that a federal judgment of dismissal in a proposed class action could not bind the parties in a counterpart state proceeding, both because certification was denied in the federal proceeding (meaning that the proposed absentees were not bound by the judgment) and because of differences in the certification standards under Rule 23 and the counterpart provision that governed in the subsequent state-court proceeding (meaning that
issue preclusion was not available).
The doctrine of
issue preclusion could help with this problem.
Collateral estoppel, also known as "
issue preclusion," is a common law estoppel doctrine that prevents a party from relitigating an issue.
Civil Opinions Civil Practice
Issue Preclusion; Individual Capacity; Civil Rights Suit Where a plaintiff in a civil rights action against a police officer asserted that he was bringing the action against the officer in his individual capacity and the officer did not claim that he was being sued in his official capacity only, the officer acquiesced in an unexpressed motion to amend the complaint to include the individual-capacity claims, so the judgment of dismissal is reversed and remanded.
Third, we reject Hudson's argument that
issue preclusion bars Grigg from pursuing the present appeal against Hudson.
Delaware Business Court Insider has published A Tale of Two Derivative Suits:
Issue Preclusion and Comity Prevail, written by Michelle Reed and Matthew Lloyd, partner and counsel, respectively, in the litigation practice at Akin Gump.
