issue preclusion vs claim preclusion

• In Re. Miguel A. Diaz vs State of FL Dept of Revenue, Miguel A. Diaz, vs Commonwealth of Virginia Dept of Social Services, (11th Cir. 2011)

... Florida DOR and Virginia DSS from Diaz’s claims for violations of the automatic stay. Furthermore,...On May 8, 2004, the Florida DOR issued a “Notice to Report to Consumer Reporting Agenci..., relying on the bankruptcy court’s preclusion rationale, the district court still concluded that...

• Federal Circuits

• Impeachment As Judicial Selection?

[...] it is not for life if the judge misbehaves - or at least opponents can make a plausible argument to that effect - and Congress removes the jurist, or at least threatens to remove the judge.5 In such a case "judicial selection" might encompass the tactical use of impeachment to deselect judges. In Part I, this Article frames the phenomenon of impeachment as judicial selection as a tactic of constitutional hardball, i.e., the framework suggested by Professor Mark Tushnet for understanding how parties or movements secure rapid change between constitutional orders.6 Part I also discusses several of the prominent instances of resort to this tactic, including the Jeffersonian, Nixonian, and Christian Coalition impeachments or threats of impeachment. [...] as to the grounds for impeach...

... hardball, parties make competing legal claims about what the Constitution means or does not mean... William Rehnquist that he raised the issue of the PROTECT Act in his 2003 and then 2004 Annua...For example, issue preclusion in impeachment would trim the expense and effort i...

• The William and Mary Bill of Rights Journal
• Vol. 18 Nbr. 3, March 2010

• Johnson v. Cleveland City School Dist., (Ohio 2011)

SUMMARY JUDGMENT; R.C. 4112/PRIMA FACIE CASE; DISABILITY DISCRIMINATION; REASONABLE ACCOMMODATION; RETALIATION; NO RES JUDICATA ON STATE CLAIM; FEDERAL COURT DID NOT RULE ON STATE CLAIMS; NO CLAIM PRECLUSION

...,  issued upon reconsideration, is the court’s journalized decision in t...

• Ohio Supreme Court

• Employers Mutual Casualty v. Bartile Roofs, Inc., (10th Cir. 2012)

... I precludes the relitigation of certain issues raised by Bartile in this appeal. The district cou... FSJH in California state court, asserting claims against FSJH arising from construction of the Proj.... 3. EMC's Preclusion Argument EMC contends that our decision in B...

• Federal Circuits

• Davet v. Mikhli, (Ohio 2012)

Where plaintiff’s former home was foreclosed upon and sold at sheriff’s sale in 2005, and those orders were not reversed on appeal, and where plaintiff filed an eviction action against subsequent purchaser in 2009, but that action failed on the merits, plaintiff’s instant action against subsequent purchasers was barred by the claim preclusion aspect of res judicata.

... later  dismissed as moot, and the court issued a decree    confirming the sheriff’s sale on...

• Ohio Supreme Court

• Abbott Laboratories, Plaintiff-Appellee, v. Andrx Pharmaceuticals, Inc., Defendant-Appellant, and Roxane Laboratories, Inc. and Teva Pharmaceuticals Usa, Inc., Defendants., 473 F.3d 1196 (Fed. Cir. 2007)

... based on Andrx's alleged infringement of claims 1, 4, and 6 of U.S. Patent No. 6,010,718 ("'718 pa...The claims at issue in this appeal are solely those on which Abbott ba... estoppel, also known as issue preclusion, when facing an infringement claim on a patent alr...

• Federal Circuits

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

Foreign Corporation, Transacting Business, Issue Preclusion.

...�Bosl’s  complaint for failure to state a claim for which relief could be granted, or in  the a...

• Ohio Supreme Court

• BAC Home Loans Servicing, L.P. v. Devoll, (Ohio 2011)

Summary Judgment - Res Judicata - No Transcript

... action, show that there is no genuine issue as to any material fact and  that the moving... the moving party cannot support its  claim.  If the moving party satisfies this require...: claim preclusion and issue  preclusion.  Grava  v. Parkman Twp., 73 Ohio St.3d 379...

• Ohio Supreme Court

• LaBarge Pipe & Steel vs. First Bank, (5th Cir. 2008)

...LaBarge sued defendants asserting claims relating to the Irrevocable Standby Letter of Creddit No. 180 that First Bank issued to LaBarge, including claims for wrongful dishonor... D. UCP 400, Article 16(e) Preclusion LaBarge argues that First Bank should have ...

• Federal Circuits

• P.M.D. Land Co., v. Warner Realty, Inc., (Ohio 2012)

CIVIL LAW- land contract; res judicata; second appeal; lack of proper briefing; assignments of error unsupported; no abuse of discretion for failure to find party in contempt.

... and issued a final order disposing of the case.   Warner Realty brings four  assignmen...�encompasses the two related concepts of  claim preclusion, also known as res  judicata or est...

• Ohio Supreme Court