Issue Preclusion

• Issue Preclusion in Complex Litigation

BACKGROUND The doctrine of prior adjudication describes the ways in which a prior judgment may have preclusive effect in a subsequent action.2 It consists of two interrelated concepts: (1) res judicata or claim preclusion; and (2) collateral estoppel, also known as issue preclusion.3 The principle underlying claim preclusion and issue preclusion is that once a litigant has had a full and fair opportunity to litigate its case, it will not get a second chance to do so. Origins of Claim Preclusion Claim preclusion is rooted in the common law doctrine of bar and merger.5 At common law, if a plaintiff sued and won, it would be awarded a judgment; under the doctrine of merger, the successful cause of action would become merged into the judgment.6 The plaintiff could not re-sue on the same cl...

• Review of Litigation, The
• Vol. 29 Nbr. 4, July 2010

• Offensive Issue Preclusion in the Criminal Context: Two Steps Forward, One Step Back

Simon addresses whether the expansion of the doctrine of issue preclusion in the federal criminal area should mirror the expansion of the doctrine in the federal civil area. He examines the general requirements of issue preclusion and the evolution of issue preclusion in both the civil and criminal context. He then analyzes whether the approach taken by the courts in the civil area should be applied to the criminal area, and the appropriate parameters of that approach.

• University of Memphis Law Review, The
• Vol. 34 Nbr. 4, July 2004

• Bosl v. First Fin. Invest. Fund I, (Ohio 2011)

Foreign Corporation, Transacting Business, Issue Preclusion.

• Ohio Supreme Court

• Apple Wins Motion For Issue Preclusion Sanctions Against Samsung For Samsung's Failure To Produce Source Code

The court had previously granted Apple's motion to compel Samsung to produce the source code for Samsung's accused products. Apple moved to compel a s...

• Mondaq Business Briefing
• United States Law Articles in English

• U.S. Supreme Court: Bobby v. Bies, S.

Civil Procedure Issue preclusion

• The Daily Record (Baltimore)
• June 16, 2009

• Nevada Supreme Court Rules Default Judgment Doesn't Establish Issue Preclusion

A default judgment issued under state law for a defendant's failure to file an answer does not create issue preclusion in bankruptcy, the Nevada Supreme Court has ruled in answering a certified question from a U.S. Bankruptcy Court. Courts are split over this issue.

• Lawyers USA
• May 25, 2010

• B.W. v. D.B.-B., (Ohio 2011)

Putative Father Registry – R.C. 3111.04(A) Paternity Action – Necessary Parties under R.C. 3111.07(A) – Puschcar – Probate Court Judgment Dismissing Adoption – Issue Preclusion – R.C 3111.13(C) proceedings on parental rights including child custody after adoption petition dismissed – Parties to juvenile court proceedings on child custody – Juv.R. 2(Y).

• Ohio Supreme Court

• Notice: Federal Circuit Local Rule 47.6(B) States that Opinions and Orders Which Are Designated as Not Citable as Precedent Shall Not Be Employed or Cited as Precedent. this Does Not Preclude Assertion of Issues of Claim Preclusion, Issue Preclusion, Judicial Estoppel, Law of the Case or the Like Based on a Decision of the Court Rendered in a Nonprecedential Opinion or Order. Herr-Voss Corporation, Plaintiff-Appellant, v. Delta Brands, Inc., and Samuel F. Savariego, Defendants-Appellees., 101 F.3d 714 (Fed. Cir. 1996)

Before RICH, PLAGER, and CLEVENGER, Circuit Judges. CLEVENGER, Circuit Judge. Herr-Voss Corporation (Herr-Voss) appeals a decision of the district co...

• Federal Circuits

• Issue Preclusion

A concept that refers to the fact that a particular QUESTION OF FACT...

• West's Encyclopedia of American Law
• Fri–Jam

• Wead v. Lutz, (Ohio 2005)

Final appealable order; mortgages; recording statute; assignments; res judicata; collateral estoppel; claim preclusion; issue preclusion.

• Ohio Supreme Court