Mutuality of Estoppel: Its Status in Nebraska

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...

Reasonable Reliance in Estoppel by Conduct

The basis on which an estoppel by conduct is established is a keenly debated question. Theories based on promise and conscience have recently been propounded in the literature: Michael Pratt has argued that equitable estoppel must be based on promise,* 1 while Michael Spence has argued that the central criterion of estoppel by conduct is unconscionable conduct.2 In advancing these promise and c...

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...

The Present Status of the "Lack of Mutuality" Rule

Hispid Cotton Rat (sigmodon Hispidus) in Nebraska: Distribution, Reproduction, and Seasonal Activity

—The hispid cotton rat (Sigmodon hispidus) has occurred in Nebraska for about 50 years and entered the state from the south via northward movements through Kansas. However, little is known about its status or distribution in the state in recent decades. We conducted surveys for S. hispidus in southern Nebraska at historical sites and sites without previous records to determine its current statu...