Bar Exam Toolbox Podcast Episode 148: Listen and Learn -- Claim and Issue Preclusion (Civil Procedure)
JONES DAY TALKS®: Women in IP: 2020 in Review and a Look Toward 2021
By statute, judgments of state courts are entitled to the same preclusive effect in subsequent federal litigation as they would have in subsequent state court litigation. 28 U.S.C. § 1738. A recent decision by the U.S. Court...more
The English High Court held in Invest Bank PSC v El-Husseini [2023] EWHC 2302 that a foreign judgment with res judicata effect in its jurisdiction of origin can be enforced in England at common law even if it is unenforceable...more
This week, the Court wrestles with res judicata issues stemming from the dismissal of an Endangered Species Act suit for lack of jurisdiction. The Court holds that claim preclusion bars plaintiffs from reasserting claims...more
In the recent decision of SGS v. Benin, the Paris Court of Appeal clarified its previous approach of accepting to enforce awards set aside at their seat, which had taken place in this case under OHADA law. However, the Court...more
On February 25, 2021, the U.S. Supreme Court unanimously decided Brownback v. King, No. 19–546, holding that the judgment bar of the Federal Tort Claims Act was triggered by a judgment of dismissal for failure to state a...more
Seyfarth Synopsis: In Ly v. County of Fresno, the Court of Appeal held that correctional officers’ claims for race, ethnicity, and national origin discrimination were barred because the claims had been previously denied in...more
On May 23, 2016, the United States Supreme Court decided Foster v. Chatman, No. 14-8349, holding that it was clearly erroneous for a state habeas court to decide that a criminal defendant failed to show purposeful...more
Supreme Court Advance Release Opinions: SC19359 - Persels & Associates, LLC v. Banking Commissioner - Noting that it has generally been the policy of the Courts to defer to the Legislature, especially as to the...more
In general, any appeal from a civil action involving claims of patent infringement must be made to the Federal Circuit in Washington, D.C. A recent case from the Ninth Circuit, Amity Rubberized Pen Company v. Market Quest...more
In This Issue: - The Fairness in Class Action Litigation Act of 2015 - Class Certification Decisions: ..Decisions Granting Motions to Strike/Dismiss Class Claims ..Decisions Denying Motions to...more