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Collateral Estoppel

112 published works

  1. PrawfsBlawg

    Stump the Nominee

    By prawfsblawg@gmail.com

    Main Tuesday, November 21, 2023Stump the NomineeSen. John Kennedy (R-LA) grills a nominee to the U.S. District Court for the Northern District of Oklahoma about issues she might confront on…

  2. New York Attorney Malpractice Blog

    No Collateral Estoppel, No Res Judicata

    By Andrew Lavoott Bluestone

    Van Ravenstein v Ponder 2023 NY Slip Op 33072(U) September 6, 2023 Supreme Court, New York County Docket Number: Index No. 161420/2019 is an interesting opinion from Judge Shlomo S.…

  3. Ethicking

    Greetings from Denver

    By Stacie Rosenzweig

    It’s early August, which means I am at the APRL Annual Meeting hanging with my nerd friends and learning about collateral estoppel, generative AI, and interstate practice, and other important…

  4. Tort Talk

    Federal Court Addresses Collateral Estoppel Issues In UIM Case Where Plaintiff Secured Less Than Liability Limits At Third Party Arbitration

    By Daniel Cummins

    In the case of Holland v. Progressive Spec. Ins. Co., No. 23-0910-KSM (E.D. Pa. April 10, 2023 Marston, J.), the court granted in part and denied in part a Defendant…

  5. Zalma on Insurance

    Collateral Estoppel Prevents New Litigation

    By Barry Zalma

    Litigants May Not Try Again After Losing See the full video at https://rumble.com/v2i2010-collateral-estoppel-prevents-new-litigation.html and at https://youtu.be/tp1XzH3xs5E The plaintiffs in this action are a group of special-purpose entities that acquired various…

  6. Tort Talk

    Court Addresses A Number of Notable Trial Issues in a Shooting Case That May Apply In Many Other Types of Civil Litigation Trials

    By Daniel Cummins

    In the case of Rogers v. Thomas, No. 1915 MDA 2018 (Pa. Super. March 2, 2023)(en banc) (Op. by Stabile, J.)(Concurring Op. by Kunselman, J.), the court addressed a number…

  7. PTABWatch

    Obvious Variants and the Hand of Fate

    By Sandip H. Patel

    Collateral estoppel is a resource-saving shortcut. Judges consider it when an issue previously received sufficient judicial attention. And they apply it when the issue was resolved against the party now…

  8. PTAB Law Blog

    The Federal Circuit Wants Litigants to Assert Estoppel When Available 

    By James Pawlowski

    Last month, the Federal Circuit’s holding in Google LLC v. Hammond Dev. Int'l, Inc.[1]  illustrated the importance of raising a collateral estoppel argument when the opportunity arises. In Google LLC…

  9. Inside Class Actions

    Sixth Circuit Applies Offensive Collateral Estoppel in Subsequent Mass Tort Proceedings

    By Andrew Soukup

    The Sixth Circuit recently affirmed a district court’s application of nonmutual offensive collateral estoppel to negligence claims arising out of an MDL—potentially raising the stakes for bellwether trials that are…

  10. Drug & Device Law

    Divided Sixth Circuit Affirms “Unique” Application of Offensive Non-Mutual Collateral Estoppel

    By Andrew Tauber

    Twice this year we have reported on trial-court decisions addressing application of offensive non-mutual collateral estoppel—an offensive doctrine that precludes a defendant from relitigating an issue that it lost in…