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Topic

Collateral Estoppel

112 published works

  1. 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…

  2. 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),…

  3. PTABWatch

    Rigidly Interpreting Precedents May Foreclose an Equitable Doctrine

    By Sandip H. Patel

    [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…

  4. Drug & Device Law

    An Offensive Application of Offensive Non-Mutual Collateral Estoppel by C.D. Cal.

    By Andrew Tauber

    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…

  5. Drug & Device Law

    When Does Offensive Non-Mutual Collateral Estoppel Apply in MDLs?

    By Andrew Tauber

    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…

  6. New York Attorney Malpractice Blog

    No, No and No

    By Andrew Lavoott Bluestone

    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…

  7. 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.…

  8. Tort Talk

    Pennsylvania Superior Court Addresses Collateral Estoppel With Respect to Prior Criminal Conviction

    By Daniel Cummins

    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,…

  9. New York Attorney Malpractice Blog

    Lost Once, Lost Twice, Lost Thrice

    By Andrew Lavoott Bluestone

    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…

  10. 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…