Sentences with phrase «estoppel barred»

Since she was arguing that the Trademarks had always been generic and did not only become generic after her membership terminated, the doctrine of licensee estoppel barred her cancellation petition.

The defendants both moved for summary judgment on the grounds that Otis» position in this case was opposite of his position in the underlying case and the doctrine of judicial estoppel barred his negligence and 93A claims.

Not exact matches

Equitable estoppel does not bar assertion of patent claims later amended by reexamination when those new claims differ in scope from earlier claims in the patent that...

On appeal, the Third Circuit Court of Appeals agreed with the Appellate Practice Group that issue preclusion, or collateral estoppel, barred the prisoner from re-litigating issues that had been adjudicated in prior actions.

Under Morgan, the Court concludes that Plaintiff's race discrimination, promissory estoppel, and fraudulent inducement claims are in part barred by the one - and two - year statutes of limitation under Minn..

The case suggests that the bar for establishing estoppel may be low.»

Led by Paul Key QC of Essex Court Chambers, represented sellers in a two - week Fosfa arbitration hearing involving the long - term supply of edible oil to buyers in a Southern African state; the hearing involved issues relating to the interpretation of time - bars, the extension of shipment periods and waiver and estoppel.

The arbitrator granted summary disposition in favor of the defendants, finding that: (1) CHSI was not a proper respondent to the action and that Weirton failed to state claims against CHSI; (2) all of Weirton's claims, except for the breach - of - contract claim against Quorum, were barred by res judicata or collateral estoppel; (3) Weirton's breach - of - contract claim against Quorum was time - barred under the applicable Tennessee statute of limitations; (4) Weirton's tort claims were alternatively barred by the gist - of - the - action doctrine; and (5) Weirton's unjust enrichment claim was barred because of the parties» contracts (the «Second Award»).

Weirton argued that this manifest disregard occurred in connection with (1) the arbitrator's disposal of the case on summary disposition; (2) the arbitrator's determination that all claims but one were barred by res judicata or collateral estoppel; (3) the arbitrator's conclusion that one of Weirton's claims was barred by the statute of limitations; and (4) the arbitrator's determination that, if not barred by res judicata, a number of Weirton's claims were barred by the gist - of - the action doctrine.

The court noted a change in the law did not trigger the «special circumstance» exception to issue estoppel, and found there was no basis to exercise its discretion to bar the application of issue estoppel in this case.

The appellate court, not reaching this issue, affirmed the dismissal finding the judicial estoppel doctrine barred plaintiff from asserting an inconsistent position in a subsequent proceeding... Click here for full article.

In Eastman, the district court applied judicial estoppel to bar the plaintiff, Wayne Gardner (Gardner), from asserting a personal injury claim that Gardner had failed to list as an asset on his bankruptcy schedules.

Whether issue estoppel or cause of action estoppel is applicable, at the end of the day the court must determine whether it should exercise its discretion to bar the action by reason of res judicata or whether there are exceptional or special circumstances that should apply.

In the Motion, BNSF argues that judicial estoppel should bar Griswold from bringing this claim.

Because she had been a member of the association and licensed to use the marks for 20 years, she was barred by a legal doctrine known as licensee estoppel.

The doctrine of licensee estoppel does not bar a challenger who argues that the mark became generic after the challenger's license for use had expired or was terminated.