A party seeking to assert the bar of collateral estoppel must establish that (1) the issue of fact or law sought to be litigated in the second action was fully and fairly litigated in the first action ...

When is a judgment or order a final judgment on the merits? In his Law and the Family column, Joel Brandes discusses issues related to the doctrine of res judicata which are frequently involved in ...

You are a plaintiff suing two defendants in Federal Court. You have a business relationship with Defendant A, so you decide to settle with them, but choose to continue the litigation against Defendant ...

March 20, 2025 - In February 2025, the U.S. Court of Appeals for the Federal Circuit clarified when collateral estoppel might apply in a district court case following an invalidity determination by ...

Founded in 1901, the Columbia Law Review is a leader in legal scholarship in the United States and around the world. The Review is an independent nonprofit corporation edited and published entirely by ...

Residence Issues, Additional Attorney Fees, Collateral Estoppel and Arbitration Awards In his No-Fault Insurance Law Wrap-Up, David M. Barshay discusses recent cases involving: a claimant's ...

March 24, 2022 - Patent Trial and Appeal Board post-grant validity challenges — for example, inter partes reviews (IPR) — are frequent components of a patent litigation strategy. However, filing an ...

The Michigan Law Review began publication in 1902 and is the sixth oldest legal journal in the country. The Review originally was intended as a forum for the faculty of the Law Department to publish ...