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.
We agree with Hanson that the circuit court erred by concluding claim preclusion and issue preclusion
barred his counterclaims and third-party claims regarding the Trusts rejection of certain offers to purchase a portion of the mortgaged property.
169) Like stare decisis, issue preclusion
promotes judicial efficiency and consistency by binding litigants to prior judgments of the same issue.
University of Illinois Foundation that issue preclusion
applies to prevent litigation on a patent that previously has been declared invalid in a court of competent jurisdiction, courts have applied issue preclusion
summarily to end disputes over previously invalidated patents.
Additionally, opponents of the rule argue that under modern claim and issue preclusion
principles, a court's judgment may be final with respect to issues that are finally decided in full and fair litigation, even if other issues remain unadjudicated.
The great proponent of attaching issue preclusion
to guilty pleas was Professor Alan Vestal, who argued repeatedly in his writing and before the American Law Institute as the Second Restatement of Judgments was being drafted that: "If the defendant in entering a plea of guilty really admits the truthfulness of the charge, then should not the admission be binding when it becomes a judgment?
For issue preclusion
to apply, the usages adjudicated by the TTAB must be "materially the same as those before a district court," thus setting a materiality standard.
Nor does issue preclusion
apply: since the PTAB uses a lower burden of proof on validity and a different rule for claim construction, the issues in the review are not the same as the issues decided by the court.
23(3)(a): Unpublished opinion to be cited as authority only for claim preclusion, issue preclusion
, or the law of the case, but unpublished opinion issued on or after July 1, 2009, may be cited for persuasive value.
He "held the rule of collateral estoppel, or issue preclusion
, prevented the state from defending the constitutionality of two laws [2011 and 2013] requiring the involvement of a minor's parents before she may obtain an abortion," Johnson reported.
Collateral estoppel, or issue preclusion
, prevents relitigation of a prior issue under a new claim if the prior claim was "actually litigated" and if the determination was "essential to the judgment.
The petitioner, which won a previous trademark opposition against the respondent before the Trademark Trial and Appeal Board (“TTAB”), argues that the TTAB's decision on the issue of likelihood of confusion is entitled to issue preclusion
effect and that, consequently, the only issues to be decided in its subsequent trademark infringement action against the respondent are (1) whether the respondent ever used the mark shown in its application on the goods recited in its application and (2), if so, the wording of the injunction and the amount of damages to which it is entitled.