Res judicata is one of those phrases learned in law school that seemed of limited utility. How often is someone going to bring the same claim twice?...more
In Simonson v. United States (April 4, 2013), the U.S. Court of Federal Claims considered whether the Government’s argument that the plaintiffs did not have a compensable property interest for purposes of a takings claim...more
In This Issue: - Uniform State Test Implementation Nearing - Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes - Sixth Circuit...more
In This Issue: • Prior Litigation Precludes Lawsuit • Disclosure of Broad Genus Does Not Disclose Species • Preamble Limits Claims - Excerpt from Prior Litigation Precludes Lawsuit: In...more
Cooney v. Rossiter presented two questions: (1) was the plaintiffs' individual action barred by the dismissal of an earlier putative class action; and (2) is a court-appointed psychological evaluator in a child custody...more
This morning, the Illinois Supreme Court announced that it will issue four more civil opinions on Friday morning to close out 2012. The upcoming decisions deal with issues as diverse as res judicata and absolute immunity,...more
In its second opinion of the day on the doctrine of res judicata, a unanimous Illinois Supreme Court has affirmed the First District, Fifth Division’s decision in Hernandez v. Pritikin. A detailed discussion of the underlying...more
The basic rule of res judicata is easy enough to state: a final judgment on the merits by a court with jurisdiction bars any further actions by the parties or their privies on the same claim. But what judgments (or orders)...more
[R]es judicata [may attach where] the present matter relates to patent invalidity, misuse, and unenforceability [and] the prior case dealt only with enforcing the "all reasonable efforts to market and sell" under [a license...more
The Illinois Supreme Court has announced that on Thursday morning, it will file opinions in three new civil cases. They are: Mashal v. The City of Chicago, No. 112341 – (1) What is a 'decision on the merits' under 735...more
The Illinois Supreme Court has announced that on Thursday morning, it will file opinions in four civil cases heard during its September term. They are...more
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