Topic
Collateral Estoppel
112 published works
Drug & Device Law
Interesting Pelvic Mesh Due Process Certiorari Petition
By Bexis
Readers may recall our dissection of the ridiculous application of offensive, non-mutual collateral estoppel in Freeman v. Ethicon, Inc., 2022 WL 3147194 (C.D. Cal. 2022). Ultimately, the thumb that Freeman…
Drug & Device Law
For Defendants, Winning A Mass Tort Means Trying Cases
By Bexis
A few months ago, we reported on what we believed—and still believe—was an abusive application of offensive non-mutual collateral estoppel, Freeman v. Ethicon, Inc., 2022 WL 3147194 (C.D. Cal. 2022),…
PTABWatch
Rigidly Interpreting Precedents May Foreclose an Equitable Doctrine
[caption id="attachment_4163" align="alignright" width="300"] Rigidly Interpreting Precedents May Foreclose an Equitable Doctrine - Cutting Expenses[/caption] The Federal Circuit’s Judge Bryson has been presiding over two district court cases where he…
Drug & Device Law
An Offensive Application of Offensive Non-Mutual Collateral Estoppel by C.D. Cal.
Two weeks ago we reported on a case that refused to apply offensive non-mutual collateral estoppel, the doctrine that prevents a defendant from relitigating an issue that it lost in…
Drug & Device Law
When Does Offensive Non-Mutual Collateral Estoppel Apply in MDLs?
Today’s post is for procedure geeks, especially those who litigate MDLs. Offensive non-mutual collateral estoppel prevents a defendant from relitigating an issue that it lost in earlier litigation against a…
New York Attorney Malpractice Blog
No, No and No
In Platt v Berkowitz 2022 NY Slip Op 01405 Decided on March 03, 2022 the Appellate Division, First Department wiped out two separate Judiciary Law § 487 claims, on on…
Archer Estate & Trust Litigation Law
Issue Preclusion Under NJ and NY Law
By Timothy Horn
Kesselman v. Kesselman, No. A-3620-19 (App. Div. March 2, 2022) The issue on appeal was whether issue preclusion under res judicata and collateral estoppel were applicable to the plaintiff’s complaint.…
Tort Talk
Pennsylvania Superior Court Addresses Collateral Estoppel With Respect to Prior Criminal Conviction
In the case of Rogers v. Thomas, No. 2021 Pa. Super. 93 (Pa. Super. May 11, 2021) (Op. by McLaughlin, J.) (Stabile, J., concurring and dissenting), the court found that,…
New York Attorney Malpractice Blog
Lost Once, Lost Twice, Lost Thrice
As in a blog from this week, New Canaan Capital Mgt., LLC v Chadbourne & Parke LLP 2021 NY Slip Op 02758 Decided on May 04, 2021 Appellate Division, First…
Patents Post-Grant
Collateral Estoppel in AIA Trial Proceedings
By Scott McKeown, Scott McKeown Wolf Greenfield
Inconsistency Across Related Cases is Precluded When challenging related patents at the Patent Trial & Appeal Board (PTAB), it is not uncommon to present similar grounds of unpatentability across related…