News & Analysis as of

Summary Judgment Claim Preclusion

Vorys, Sater, Seymour and Pease LLP

U.S. District Court Finds No Evidence of Continuing Trespass and Holds Permanent Trespass Claim is Barred by Statute of...

In Briggs v. Southwestern Energy Production Co. (Briggs II), the Middle District of Pennsylvania directed summary judgment to Southwestern Energy (SWN) and dismissed the plaintiffs' claims of trespass and conversion. The...more

Fox Rothschild LLP

TTAB Practitioners Beware: TTAB Dismissals With Prejudice, But Without Judgment, Can Support A Claim Preclusion Defense

Fox Rothschild LLP on

In a recent precedential cancellation decision, the Trademark Trial and Appeal Board (“Board”) partially granted Respondent’s motion for summary judgment, holding that the parties’ stipulation that prior proceedings between...more

Rivkin Radler LLP

New York Insurance Coverage Law Update - March 27, 2024

Rivkin Radler LLP on

Plaintiff loaned money to his employee to purchase a home, and the loan was secured by a mortgage. When the employee failed to pay the loan and to insure the home, Plaintiff obtained a landlord package policy from Erie and...more

Polsinelli

Arbitration Award in Favor of Subsidiary Precludes Subsequent Litigation Against Parent

Polsinelli on

The Federal Arbitration Act (FAA) endorses and encourages arbitration as a speedier and less costly dispute resolution alternative to litigation. In recent years, however, companies have become increasingly concerned that...more

Dorsey & Whitney LLP

Fifth Circuit Affirms: Res Judicata Bars FCA Retaliation Suit

Dorsey & Whitney LLP on

Last week, the U.S. Court of Appeals for the Fifth Circuit considered an appeal from the Eastern District of Louisiana, which dismissed appellants’ FCA retaliation claims based on res judicata. Res judicata, or “claim...more

Seyfarth Shaw LLP

Workers’ Compensation Ruling Given Preclusive Effect In Discrimination Lawsuit

Seyfarth Shaw LLP on

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

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Simmons v. Himmelreich

On June 6, 2016, the Supreme Court of the United States decided Simmons v. Himmelreich, No. 15–109, holding that the judgment-bar provision of the Federal Tort Claims Act (FTCA) does not apply to claims dismissed for falling...more

7 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide