(Opinion for the court, Lourie, J.) The Federal Circuit vacated a district court order dismissing SimpleAir’s complaint as barred by claim preclusion and the Kessler doctrine, and remanded for ...

Hensley claims the State Commission on Judicial Conduct violated her rights by punishing her for “recusing herself from ...

Once the first final decision on demand-related allegations is rendered, preclusion doctrine protects these interests by prohibiting different stockholders from relitigating the derivative claim.

Because a stockholder derivative plaintiff sues in the company’s name, privity for preclusion purposes exists between the plaintiffs in the first and subsequent actions making similar ...

The majority and dissenting opinions in the case also addressed an issue that has confused generations of first year law students—the difference between res judicata (or claim preclusion ...

The twin components of this concept are known as issue preclusion – or collateral estoppel – and claim preclusion – or, in Latin, res judicata. Recently, a United States District Court ...

In a unanimous opinion written by Justice Sonia Sotomayor, the court explained that “defense preclusion” is inapplicable in this case because the two lawsuits do not share the same claim to relief.

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The case presents a question of issue preclusion – the relation between a contested registration proceeding before the Patent and Trademark Office’s Trademark Trial and Appeal Board (commonly called ...

Appeal from the United States District Court for the Western District of Wisconsin. Summary: Claim preclusion does not bar an induced infringement claim that did not exist at the time of the ...

In SimpleAir, the issue was whether an action asserting infringement of two patents was barred by claim preclusion or the Kessler doctrine when the same activity had been judged not infringing in ...