Although other reasons may have contributed, the Court of Session chose to conduct a preliminary inquiry into standing in part to ensure the proper operation of preclusion
, or res judicata.
In Part I, I review issue preclusion
as defined and applied by the federal courts, including the numerous policy considerations that support the application of issue preclusion
And the very goals of ascertainability--the identification of class members for notice, process, and preclusion
purposes--apply most strongly when class members are unidentified.
In theory, the PTO enforces the America Invents Act's preclusion
provisions against ex parte reexamination requestors.
105) For those reasons, Professor David Shapiro urged the Advisory Committee on Rules of Criminal Procedure to reject issue preclusion
for guilty pleas when "an issue had never been subjected to an adversary contest leading to a judicial determination.
Mirror Worlds successfully argued that claim preclusion
does not bar its infringement claims because the claims are based on acts of infringement that occurred after the trial of the earlier case.
What is remarkable about the Fannie Mae and Freddie Mac story is that the government has used its resolution authority, coupled with the preclusion
of review, to effectively nationalize these two entities.
The legal rationale for the Medicare Preclusion
Law is that complaints about Medicare personnel are merely "disguised payment disputes.
But Justice Shea, joined by Justices Laurie McKinnon, Beth Baker and Jim Rice, wrote that issue preclusion
applied only if the current case was identical to the issues in the 1999 case.
This edition adds recent developments, including those related to subject-matter and personal jurisdiction, venue, pleading, class actions, joinder, preclusion
, and the Erie Doctrine, and current amendments of the Federal Rules of Civil Procedure and federal statutes, including the Federal Courts Jurisdiction and Venue Clarification Act of 2011.
145) Judge Posner acknowledged its application in McReynolds but resorted to issue certification because, he explained somewhat circularly, that was the way to resolve a common issue before issue or claim preclusion
No sistema de Common Law, a res judicata possui duas dimensoes: claim preclusion
e issue preclusion
ou collateral estoppel.