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Res Judicata Dismissal With Prejudice

Knobbe Martens

Dismissal on Procedural Grounds May Bar Claims for Later Infringement Under Res Judicata

Knobbe Martens on

RICHARD SOWINSKI v. CALIFORNIA AIR RESOURCES BOARD - Before Newman, Lourie, and Schall. Appeal from the District Court for the Northern District of California. Summary: Res judicata may bar subsequent claims regarding...more

Bass, Berry & Sims PLC

Chris Lazarini Outlines Application of Res Judicata

Bass, Berry & Sims attorney Chris Lazarini outlined a case in which the court applied res judicata and barred a party from maintaining a later action due to the following criteria: 1. The prior action was decided on the...more

Haight Brown & Bonesteel LLP

Res Judicata: California Mandamus Claims Are Not Fundamentally Distinct From Federal Counterparts Under California’s Primary...

The age-old doctrine of res judicata is as strong as ever in California. In Franceschi v. Franchise Tax Board, et al. (B267719, filed July 8, 2016) the California Court of Appeal Second District, held that Ernest Franceschi’s...more

Foley & Lardner LLP

It’s a Jungle Out There: A Reexamination Certificate Containing Amended Claims May Be Insufficient to Vacate a Prior Judgment of...

Foley & Lardner LLP on

In a case with a unique procedural history the Federal Circuit addressed whether claims amended during an ex parte reexamination proceeding required vacating a prior judgment of invalidity (on patent eligibility grounds) on...more

Dorsey & Whitney LLP

District Court Rejects “Worthless Services” FCA Claim, Interprets First-to File Bar and Res Judicata in FCA Context

Dorsey & Whitney LLP on

Earlier this month, the U.S. District Court for the Eastern District of Virginia dismissed a 2-count False Claims Act (FCA) complaint against Unisys Corporation. United States ex rel. Soodavar v. Unisys Corp., 2016 WL 1367163...more

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