issue preclusion settlement

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2.142 documents for issue preclusion settlement

- Patrick T. v. Michelle L., (Ohio 2002)
A settlement agreement voluntarily made between unmarried parents to hyphenate a child's last name after revelation of the mother's prior misrepresentation in both the trial and appellate courts of the child's last name was not barred by issue preclusion or collateral estoppel. name change; settlement agreement; issue preclusion; collateral estoppel.
- Ohio Supreme Court
- Transnational class actions and interjurisdictional preclusion.
... follows resolution of, the recognition issue. Subpart A of Part II introduces BIICL and its Jud... Preclusive Effects of Class Action Settlements . If the claim preclusive effects of class action ...
- Notre Dame Law Review
- Vol. 86 Nbr. 1, February 2011
- Arizona v. California, 530 U.S. 392 (2000)
... of the Interior's Solicitor Margold issued an opinion stating that, under the 1893 Agreement,... States and the Tribe entered into a settlement of Docket No. 320, which the Court of Claims appro... the Court reject the first ground for preclusion but accept the second. The State parties have file...
- U.S. Supreme Court

- Matsushita Elec. Industrial Co. v. Epstein, 516 U.S. 367 (1996)
... parties to the state action reached a settlement, agreeing, inter alia, that class members who did ... that could "have been extinguished by the issue preclusive effect of an adjudication of the state ... to contravene the common-law rules of preclusion or to repeal § 1738's express statutory requireme...
- U.S. Supreme Court
- Matsushita Elec. Industrial Co. v. Epstein, 516 U.S. 367 (1996)
... parties to the state action reached a settlement, agreeing, inter alia, that class members who did ... that could "have been extinguished by the issue preclusive effect of an adjudication of the state ... to contravene the common-law rules of preclusion or to repeal § 1738's express statutory requireme...
- U.S. Supreme Court
- SKILSTAF, INC. V. CVS CAREMARK CORP., (9th Cir. 2012)
... nationwide class and approving a class settlement. A class member who appeared through counsel as an... asked the Massachusetts district court to issue a second class-settlement notice with a 90-day opt... law." This includes the law of issue preclusion. Skilstaf was not "permitted by law" to relitigate...
- Federal Circuits
- Locked out: the hidden threat of claim preclusion for tenants in summary process.
...The legal issues at stake in this debate do not lend themselves to ... had not addressed the motion prior to settlement of the case. (93) . Based on this slightly odd pro...
- Suffolk Journal of Trial & Appellate Advocacy
- Nbr. 15, January 2010
- Class settlements under attack.
...Rule 60(b) 2. Malpractice C. Proper Preclusion in Collateral Attacks 1. Structural Defects 2. Per... assess the "predominance" of the aggregate issues versus the individual ones in the case, procedural...
- University of Pennsylvania Law Review
- Vol. 156 Nbr. 6, June 2008
- CELL THERAPEUTICS INC V. LASH GROUP INC, (9th Cir. 2009)
... is useful in putting the third party claim issue in context. The purpose of the FCA is "to discoura...-25% of the proceeds of the action or settlement of a claim in which the government intervenes, id.... to the initial settlement, but issue preclusion generally does not attach to a settlement agreemen...
- Federal Circuits
- Reyn'S Pasta Bella, Llc; Jeffrey Ledon Deweese; Barry Leonard, Dba Critter Fritters; Hat-In-The-Ring Inc., Dba Eddie Rickenbacker'S, Plaintiffs-Appellants, v. Visa Usa, Inc.; Mastercard International, Inc.; Bank of America N.A. (Usa); Wells Fargo Bank Na; U.S. Bank, a Subsidiary of U.S. Bancorp, Defendants-Appellees., 442 F.3d 741 (9th Cir. 2006)
... were released by the class action settlement in In re Visa Check/Mastermoney Antitrust Litig., ...§ 1291 and we affirm. We hold that issue preclusion bars Plaintiffs from re-litigating the ...
- Federal Circuits