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Likewise, to give a valid criminal judgment preclusive effect by treating it as establishing the occurrence of underlying conduct is not "punishment.
whether the putatively preclusive class displays a minimally clear
It would also have allowed a federal court to deny certification and exercise the same preclusive effect on parallel proceedings.
214) Justice O'Connor provided that although the Indiana Supreme Court had already decided the question of whether the jury's failure to return a verdict as to Count I signified an acquittal, the preclusive effect of the jury's action provided a federal question that the Court had to address.
6 million termination fee and other preclusive deal measures that the firms believe may prevent the possibility of a superior offer being made for the shareholders, the firms are investigating whether the acquisition price is fair and adequate for Kensey Nash shareholders.
Most commonly, as in Italy, the courts simply deny preclusive effect to the decrees of tribunals exercising non-contentious jurisdiction, thereby limiting their potentially prejudicial effect.
court must first determine that those measures are not preclusive or
Additionally, the deal has certain preclusive deal protection devices like matching rights for ABB and a breakup fee of $20 million.
The standard answer goes back to timing and the preclusive effect of a judgment in a class action.
issues such a dismissal, state law governs the preclusive consequences.