Sentences with word «relitigation»

Before Smith, defendants had at least two important, potential means other than comity and stare decisis to prevent serial relitigation of class certification in duplicative and overlapping class actions: CAFA and injunctive relief.

Relitigation after contested custody and visitation evaluations.

For contested cases resulting in court mandated joint custody arrangements, however, the rate of relitigation for sole custody and joint custody arrangements is the same.

The proximate cause was the ongoing relitigation of his administration's anti-crime efforts, seen by a new generation of liberals as spawning an era of racially skewed mass incarceration.

In response to the policy argument against allowing relitigation of class certification, the Court noted that stare decisis and comity are the legal system's remedies for repetitive litigation that falls outside of the rules of preclusion, and that once a class action is removed to federal court under the Class Action Fairness Act of 2005 (CAFA), 28 U.S.C.??

[79] In response to perceived difficulties in demanding strict adherence to the constituent elements of res judicata, modern Canadian courts have developed the independent but related concept of abuse of process as a means of barring relitigation where permitting it to proceed would offend vital principles such as judicial economy, consistency, finality of legal disputes, and, perhaps most importantly, the integrity of the judicial decision - making process.

[8] The case is interesting from a procedural point of view because although Justice Hughes found in favour of generic2, he felt compelled to grant the brand's prohibition application in order to «force» a review of relitigation principles in the NOC context by the FCA.

Another way of measuring parental satisfaction is to consider relitigation rates.

Bayer's strongest argument in the Supreme Court's eyes was the policy argument that if federal courts do not enforce their judgments denying certification, serial relitigation of class certification will result, and defendants will be forced to settle class actions.

Advocates for mediation stated that mediated agreements would result in better compliance and reduced relitigation.

Studies indicate that parents who are subjected to the forced and artificial arrangement of their families by third party evaluators have two to two and a half times the rate of relitigation of parents who do not undergo the custody evaluation process.

With the power of relitigation that we've bestowed on ourselves, allow me to give this award instead to Michael Haneke.

While acknowledging the reality of this threat, the Court noted that the argument «flies in the face of the rule against nonparty preclusion,» which «perforce leads to relitigation of many issues &» Smith, slip op.

For the Caldwell J.A., the overriding issue was whether it makes any sense to «expend public and private resources on the relitigation of what is essentially the same dispute».