News & Analysis as of

Collateral Estoppel

Landlord-Tenant – Collateral Estoppel Doctrine Bars Issues Adjudicated in Unlawful Detainer Action

by Low, Ball & Lynch on

Alfonso Ayala v. Randy Dawson - Court of Appeal, First District (August 4, 2017) - Property owner Randy Dawson and tenant Alfonso Ayala signed a written contract in December, 1999, entitled “Residential Lease with...more

Tennessee Supreme Court Lowers the Bar on Collateral Estoppel

In Bowen ex rel. John Doe v. Arnold, the Tennessee Supreme Court abandoned the traditional mutuality requirement for both offensive and defensive collateral estoppel, removing one traditional hurdle for parties seeking to...more

Real Property & Title Insurance Update: Week Ending August 18 & 25, 2017

by Carlton Fields on

Foreclosure: general reservation of jurisdiction in a foreclosure judgment is very limited, and certainly does not give trial court jurisdiction to eliminate a lien more than three years after Final Judgment of Foreclosure...more

Delaware Bankruptcy Court Dismisses Claims Against Echo/RT Holdings In Raytrans Bankruptcy Case

by Fox Rothschild LLP on

In the recent decision of Klauder v. Echo/RT Holdings LLC (In re Raytrans Holding, Inc.), Adv. No. 15-50273 (CSS) (Del. Bankr. Aug. 10, 2017), Judge Sontchi granted Defendants’ Motion to Dismiss the Trustee’s Second Amended...more

Superior Court Explains Bootstrapping Doctrine

by Morris James LLP on

In Re Bracket Holding Corp. Litigation, C.A. N15C-02-233 WCC CCLD (July 31, 2017) - This decision is an excellent explanation of the “bootstrapping doctrine” that seems to often befuddle litigants....more

Connecticut Appellate Court Holds That Owner’s Loss in Arbitration to General Contractor on Claims of Defective Work Operates as...

by Pepper Hamilton LLP on

Girolametti v. Michael Horton Assoc., 2017 Conn. App. Lexis 228 (June 6, 2017) - A General Contractor brought claims for unpaid added work, via mandatory arbitration, against a building owner who asserted defective work...more

Delaware Court Of Chancery Recommends Limiting The Preclusive Effect Of Prior Decisions On Demand Futility In Derivative Lawsuits ...

by Shearman & Sterling LLP on

On July 25, 2017, Chancellor Andre G. Bouchard of the Delaware Court of Chancery issued a supplemental opinion, responding to a remand order from the Delaware Supreme Court, in which Chancellor Bouchard recommended that the...more

Make Patents Great Again (or at least Make them STRONGER)

Senators Coons, Cotton, Durbin, and Hirono have introduced the STRONGER Patents Act of 2017, proposing a large number of improvements to U.S. patent law. While the Bill does a lot to improve patents from an inventor’s...more

Rule 36 Affirmance Can Create Issue Preclusion for Claim Construction

by McDermott Will & Emery on

Addressing the scope of collateral estoppel from a Rule 36 affirmance, the US Court of Appeals for the Federal Circuit determined that despite the summary nature of such decisions and the absence of a written opinion...more

Intellectual Ventures Loses Claims Based on § 101, Collateral Estoppel, Standing

by McDermott Will & Emery on

In a pair of decisions handed down on the same day by Chief Judge Prost, the US Court of Appeals for the Federal Circuit struck down a raft of claims on the basis of various doctrines, including patent ineligibility,...more

Issue Four: PTAB Trial Tracker

by Goodwin on

Parallel District Court and PTAB Proceedings - In Douglas Dynamics, LLC v. Meyer Prods. LLC, No. 3:14-cv0886-JDP (W.D. Wis. April 18, 2017), the district court for the Western District of Wisconsin drew a clear line...more

Issue Preclusion: Patent Owner Does Not Get a Do Over to Assert the Claims Against Similar Products

In Phil-Insul Corp. v. Airlite Plastics Co., [2016-1982] (April 17, 2017), the Federal Circuit affirmed summary judgment of non-infringement of U.S. Patent No. 5,428,933. In prior litigation in which Phil-Insul asserted the...more

New Jersey State Court Refuses To Bind Plaintiffs To A Bermuda Court Judgment Where They Were Not Parties To That Action

by Carlton Fields on

A New Jersey state court recently held that the former shareholders of an insurance holding company suing its E&O insurers were not bound by a Bermuda court’s prior judgment where they were not parties to the suit in which...more

Novartis v. Noven: The PTAB is not Bound by Prior Decisions of District Courts

Novartis, together with LTS Lohmann Therapie-Systeme, owns a pair of patents covering rivastigmine transdermal patches. These patches are useful for treating Alzheimer’s disease. Noven Pharmaceuticals filed an abbreviated new...more

PTAB Applies Collateral Estoppel to Exclude Purported Patent Owner

by Knobbe Martens on

The PTAB issued an order applying collateral estoppel to determine that one purported owner of U.S. Patent 7,215,752 and U.S. Patent 7,844,041 (the “challenged patents”) had no authority to act as the patent owner in...more

It Was Over Before the Fat Lady Sang; Collateral Estoppel Applies to Partial Summary Judgment under §101

In Intellectual Ventures I LLC v. Capital One Financial Corp., [2016-1077] (March 7, 2017), the Federal Circuit affirmed judgment that all claims of U.S. Patent Nos. 7,984,081 and 6,546,002 are ineligible under 35 U.S.C. §...more

3D Cinema Systems: ITC Declines to Apply Issue Preclusion Based on PTAB’s IPR Decision

In 3D Cinema Systems (Inv. 939), the Commission issued an opinion that explained why it did not give deference to a decision of invalidity by the Patent Trial and Appeal Board (PTAB) in an inter partes review (IPR)....more

"Inside the Courts: An Update from Skadden Securities Litigators - February 2017 / Volume 9 / Issue 1"

We are pleased to present Inside the Courts (Volume 9, Issue 1), Skadden’s securities litigation newsletter. This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between...more

Real Property & Title Insurance Update: Week Ending January 27, 2017

by Carlton Fields on

REAL PROPERTY UPDATE - Foreclosure/Lis Pendens: a proper reading of Florida Statute section 48.23(1)(d) is that “when a foreclosure action is prosecuted to a judicial sale, that sale discharges all liens, whether...more

What's So Special About a Foreclosure Special Proceeding?

by Ward and Smith, P.A. on

The North Carolina Supreme Court recently clarified that the North Carolina Rules of Civil Procedure and doctrines of res judicata and collateral estoppel do not apply to a non-judicial foreclosure special proceeding. This...more

Foreclosures in North Carolina - Say Goodbye to Discovery and Res Judicata

Late December is a time of family, mistletoe and “presents under the tree.” It’s not usually the time when minds switch to the specifics of foreclosure procedure. Yet just before they retired for their Christmas break, the...more

Jury Verdict in Declined Civil FCA Action Need Not Bar Criminal Prosecution for Same Conduct

by Dorsey & Whitney LLP on

The qui tam provisions of the False Claims Act allow private citizens to file FCA claims on behalf of the government. The government may elect to intervene in the action—or it may not. The United States District Court for...more

Spotlight on Upcoming Oral Arguments – December 2016

Monday December 5, 2016 - Voxathon v. FCA, No. 16-1614, Courtroom 201 - This decision arises from a E.D. Tex. case in which the court held that Voxathon’s claims directed to a telephone set with multiple call...more

Judge Sullivan Holds “Substantially” the Same is Close Enough for Collateral Estoppel

On September 30, 2016, District Judge Richard J. Sullivan (S.D.N.Y.) granted the defendants’ motion to dismiss, holding one of the two asserted patents invalid under principles of collateral estoppel. Plaintiff Joao...more

IN Indiana, Insurer Calls Out Policyholder Bad Faith and Prevails

by Cozen O'Connor on

In a recent opinion, Carpenter v. Lovell’s Lounge and Grill, LLC, et al., --- N.E.3d ---, No.33A01-1602-CT-265, 2016 WL 4701673 (Ind. Ct. App., Sept. 8, 2016), the Indiana Court of Appeals addressed — for the first time under...more

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