issue preclusion test

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3.364 documents for issue preclusion test

- Joseph Russo v. City of Philadelphia, (3rd Cir. 2012)
... of Common Pleas of Philadelphia County, issued an order removing Russo from his appointed positio... is used narrowly to refer to claim preclusion, whereas collateral estoppel customarily refers to..., the second and third prongs of the above test have been established. . Turning to the fir...
- Federal Circuits
- M & M Stone Co v. Comm PA DEP, (3rd Cir. 2010)
... based on the principles of claim preclusion and issue preclusion.2 For the reasons that follow... necessary to satisfy the issue preclusion test. It is undisputable that M&M was a party in the pr...
- Federal Circuits
- Transnational class actions and interjurisdictional preclusion.
... follows resolution of, the recognition issue. Subpart A of Part II introduces BIICL and its Jud...(16) . Under this transactional test, a judgment's claim preclusive effect will bar a s...
- Notre Dame Law Review
- Vol. 86 Nbr. 1, February 2011

- General Electric Medical Systems v. Prometheus Health, (6th Cir. 2010)
... "prohibit[ing him] from introducing any testimony contrary to the facts set forth by GEMS." Order Gr... affirmed without reaching the sanctions issue. Because Prometheus attempted to cure its defectiv... two distinct doctrines: claim preclusion and issue preclusion. Taylor v. Sturgell, 553 U.S....
- Federal Circuits
- Taylor v. Sturgell, 553 U.S. (2008)
...Holding the suit barred by claim preclusion, the District Court granted summary judgment to th...Circuit affirmed, announcing a five-factor test for "virtual representation." The first two factor... agrees to be bound by the determination of issues in an action between others is bound in accordance...
- U.S. Supreme Court
- Lawrence Epstein, Et Al., Plaintiffs, and Walter Minton, Plaintiff-Appellant, v. Mca, Inc.; Matsushita Acquisition Corporation; Matsushita Electric Industrial Co., Ltd.; Matsushita Holding Corporation; Lew Wasserman; Sidney J. Sheinberg, Defendants-Appellees. Lawrence Epstein; John Linder; Jane Rockford, as Trustee of the Michael J. Rockford Trust; Maurice Karlin; Ruth Karlin; Beth Ann Karlin; Bert P. Karlin, Plaintiffs-Appellants, v. Mca, Inc.; Matsushita Acquisition Corporation; Matsushita Electric Industrial Co., Ltd.; Matsushita Holding Corporation; Lew Wasserman; Sidney J. Sheinberg, Defendants-Appellees., 50 F.3d 644 (9th Cir. 1995)
...Ash test in deciding whether, in enacting sections 14(d)(6)...In WPPSS, the statute at issue, section 17(a) of the 1933 Act, states that "[i]t ...Matsushita makes a two-pronged preclusion argument. First, it argues that the Delaware judgm...
- Federal Circuits
- 72 Fair Empl.Prac.Cas. (Bna) 1704, 69 Empl. Prac. Dec. P 44,480 David J. Bechtold, Plaintiff-Appellant, v. City of Rosemount, Defendant-Appellee., 104 F.3d 1062 (8th Cir. 1997)
... if the Minnesota court had decided the issue exclusively under a state constitutional due proce... court under the doctrine of issue preclusion, because "the state court decided the essential el...The second and third factors of this test clearly are met here: the court of appeals judgmen...
- Federal Circuits
- In re Kangas, (Ohio 2007)
JUVENILE - test for termination of parental rights; permanent custody to children services board; determination of best interest of child; court must consider all factors in R.C. 2151.414. RES JUDICATA - claim preclusion and issue preclusion; application of res judicata to decisions of appellate court. JUDGMENTS- judgment entry terminating parental rights not facially defective for failure to consider all R.C. 2151.414 factors. APPELLATE REVIEW - manifest weight of the evidence standard of review in cases involving termination of parental rights; judgment must be supported by some competent, credible evidence.
- Ohio Supreme Court
- Notice: Sixth Circuit Rule 24(C) States that Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Sixth Circuit. National Acceptance Company of America, Plaintiff-Appellee, v. Joseph S. Bathalter, Defendant-Appellant., 951 F.2d 349 (6th Cir. 1991)
... decision precluded relitigation of the issues. The bankruptcy court held that NACA's judgment wa... the three essential elements of issue preclusion or collateral estoppel. The party seeking preclusi... requirement of the issue preclusion test. Exhibitors Poster Exch., Inc. v. Nat'l Screen Ser...
- Federal Circuits
- Electrical Workers Local 58 Pension Trust Fund; Electrical Workers Joint Board of Trustees Vacation Fund; Electrical Workers' Insurance Fund; Supplemental Unemployment Benefit Fund of the Electrical Industry, Detroit; Electrical Workers Local 58 Annuity Fund, Ibew; Joint Apprenticeship Training Trust Fund; National Electrical Benefit Fund, Plaintiffs-Appellees, v. Gary'S Electric Service Company, Defendant-Appellant. National Labor Relations Board, Petitioner, v. Gary'S Electric Service Company, Respondent., 227 F.3d 646 (6th Cir. 2000)
... to this Court to enforce the Board's order issued against Respondent, Gary's Electric Service Compan... by a fair estimate of the worth of the testimony of witnesses" or by the Board's "informed judgment... court's decision with regard to issue preclusion de novo. See Gargallo v. Merrill Lynch, Pierce, Fe...
- Federal Circuits