Res Judicata and Collateral Estoppel in Bankruptcy

Res Judicata in California

the principle of res judicata in international law

the legal system of any given society, whether national or international, requires that legal disputes between the parties must be finally concluded and settled. abiding by judgments made by international courts and prevention of contradictory judgments are related to international public order. variety of international courts, arbitration tribunals and commissions increases the possibility of ...

Causality and collateral estoppel: process and content of recent SSRI litigation.

In Tobin v. SmithKline Beecham Pharmaceuticals a jury in the U.S. District Court for the District of Wyoming found that the medication Paxil "can cause some individuals to commit homicide and/or suicide," and that it was a legal cause of the deaths in this case. A motion was recently put before the United States District Court for the District of Utah to adopt the findings of the Tobin case--vi...

Res Judicata: the Shield Becomes a Sword. Prior Adjudication of Negligence Bars

A NUMBER of suits arising out of an airplane crash were instituted against the air line in diverse jurisdictions and in one such California action the defendant was adjudged negligent.' Thereafter, in United States v. United Air Lines, Inc.,2 the Nevada District Court held that the California adjudication estopped the air line from relitigating the negligence issue.3 In so holding, the court re...

Rethinking Prosecution History Estoppel

Under the rule of prosecution history estoppel, patent applicants who amend their claims during the course of patent prosecution assume a significant risk: the risk that a court will later construe the changes as concessions that should be read to limit patent scope. This risk is exacerbated by strong evidentiary presumptions under which courts are to assume, unless the patentee presents suffic...