Tags » Collateral Estoppel

Team Kimberlin Post of the Day

Here’s another fun factoid from the results of The Dread Pro-Se Kimberlin’s campaign of lawfare against Aaron Walker. For four years now, TDPK’s has been lying about what happened during his confrontation with Aaron outside of Judge Rupp’s courtroom on 9 January, 2012. 165 more words

Team Kimberlin

Panther Petroleum, LLC v. Couch (In re Couch)

(Bankr. E.D. Ky. Jan. 7, 2016)

The bankruptcy court grants summary judgment in favor of the plaintiff, finding the plaintiff’s claims are non dischargeable under 11 U.S.C. 117 more words

Bankruptcy Court For Eastern District Of Kentucky

Rare Missouri Case Allowing Re-litigation of Civil Contempt Claims

Parties file Civil Contempt cases due to an opposing parties’ refusal to comply with the Court’s judgment.  In defense to the contempt action, the violating party may claim that collateral estoppel or res judicata bars all claims that were or could have been asserted in previous litigation between the parties.   147 more words

Litigation

First District Court to Accord TTAB Determination of Priority Preclusive Effect After B&B Hardware

Earlier this year, the Supreme Court announced in B&B Hardware, Inc. v. Hargis Industries that Trademark Trial and Appeal Board decisions are entitled to preclusive effect in later district court litigation, so long as the ordinary elements of issue preclusion are met.  416 more words

Federal Cases

CMCO Mortgage, LLC v. Hill

(Bankr. W.D. Ky. Nov. 2, 2015)

The bankruptcy court grants the creditor’s motion for summary judgment in this nondischargeability action. The creditor had obtained a default judgment against the debtor in state court, after the debtor ceased participating in that litigation. 52 more words

Nondischargeability

Collateral Estoppel

The doctrine of collateral estoppel, or issue preclusion, holds that “a final judgment on the merits prevents re-litigation of issues actually litigated and necessary to the outcome of the prior action in a later suit involving a different cause of action between the parties or their privies.” … 373 more words

Civil Procedure