Sentences with phrase «claim preclusion»
New Mexico Appeals Court Holds Uninsured Motorist Lawsuit Barred by Claim Preclusion, New Mexico Personal Injury Lawyer Blog, January 7, 2013.
https://www.newmexicoinjury.com/
Their modern English substitutes are claim preclusion and issue preclusion, respectively.
Claim preclusion prevents a party from engaging in «piecemeal litigation» by filing multiple lawsuits based upon the same incident or transaction.
On appeal, State Farm argued that, among other things, the Pielhaus» lawsuit was barred by issue claim preclusion.
Ann Jacobs is not closely related to either Jane or Dear Author, and so I'm a little foggy as to how claim preclusion would apply here.
As a general rule, claim preclusion only applies to the original parties to the lawsuit, or those very closely related.
Not exact matches
Ultimately, it is unclear whether the different claim construction standards applied will prove substantial enough to prevent issue preclusion in later district court patent infringement actions.
And the attorneys will no doubt bring cases construing the same claim to the attention of the trial judge; those prior cases will sometimes be binding because of issue preclusion, see Markman, 517 U. S., at 391, and sometimes will serve as persuasive authority.
In other words, preclusion would not apply unless the stockholder in the first case had been empowered by either a court or the board to assert the corporation's claims.