Circuit applies issue preclusion under the same circumstances, but also considers whether applying preclusion would work a basic unfairness on the party being estopped
Likewise, the IPR petitioner is not estopped
in district court from relying on prior art that is not a patent or printed publication.
When the action in the case finally started after the state court case had ended, Blagaich moved for summary judgment, arguing that the IRS was collaterally estopped
from litigating that the $343,819 of cash and property she received from Burns should be included in her income because the state court had held they were gifts.
So, a government department which encouraged an airline to invest in aircraft on the understanding that its licence would be continued was not estopped
, on a change of government and reversal of policy, from withdrawing the licence Laker Airways Ltd v Department of Trade (1977).
By asserting estoppel, Spiewacki was not challenging plan interpretation as in a traditional Section 502(a)(1)(B) case, but rather that "the plan should be estopped
from enforcing the terms of the plan [and] that the plan has been unjustly enriched." The court pointed to 6th Circuit precedent, which, under limited circumstances, allowed bringing estoppel claims to recover benefits or relief not provided for in the plan document; this precedent had also permitted Spiewacki additional limited discovery into his benefits' calculations and representations about them.
Thus, the shipowner is estopped
as against the assignee of a bill of lading by an erroneous statement in it that freight has been paid in advance or that goods have been shipped in apparent good order and condition.
In conclusion, the Supreme Court of Appeals of West Virginia held if the county assessor accepts the Commissioner's appraisal of natural resource property the assessor is estopped
from later challenging the valuation.
Wactor's contention that Jackson National should be estopped
from canceling the Decedent's life insurance policy because Jackson National had refused to provide her with "all the meaningful information regarding the status of the [policy] other than their position that the [policy] had lapsed due to non-payment."
If Gay advised Burkey of his potential settlement and Burkey told him to cash the check, the Association is estopped
to deny coverage under the policy because notice to their agent, Burkey, was notice to the Association.
(246) A third party attempting to instigate either a post-grant review or inter partes review is estopped
from raising issues that were raised in a previous proceeding before the office.
The basis for the punishment of this breach is the doctrine of estoppel--a person who violates the rights of others through an intentional criminal act is estopped
from asserting his own rights to a proportionate extent (Kinsella, 1992, 1996, 1997).
If a challenger loses an inter partes review, it is estopped
from thereafter raising any issue that was raised or could reasonably have been raised in the proceeding.