Issue preclusion, collateral estoppel, and res judicata are related equitable concepts based on the notion that once a claim is brought to a final conclusion, all other claims arising out of the ...

Analysis Preclusion in Derivative Litigation Corporate Litigation columnists Joseph M. McLaughlin and Shannon K. McGovern write: A recent Delaware Supreme Court en banc decision has ended ...

In brief, the preclusion doctrines prevent a party from relitigating in a separate lawsuit a claim or issue that has already been decided on the merits in a previous proceeding between the parties ...

The Chancellor of Delaware’s Court of Chancery yesterday urged the Delaware Supreme Court to revise Delaware law on preclusion in shareholder derivative actions. The court’s July 25, 2017 ...

Pre-Suit Demand and Preclusion Derivative claims belong to the corporation, which is why a stockholder must make a demand on the company's board or adequately allege demand futility to pursue ...

In an occasionally meandering argument, the Supreme Court repeatedly circled the three issues at the core of the case: issue preclusion, the implications of the court’s holding in its 1999 decision in ...

Jay resisted, however, sticking with the view that preclusion would be appropriate in most cases in which the dispute involved marks already in use. Bash pressed an apparently identical view, which ...

The U.S. Court of Appeals for the Federal Circuit today issued a precedential opinion that said claim preclusion does not apply to allegations of induced infringement based on an earlier finding ...

In his Health Law column, Francis J. Serbaroli explains the Medicare program’s new Preclusion List, which identifies health care providers disqualified from providing items or services to ...

1135 S. Ct. 1293, 1307. Because the same standard applies to both proceedings, issue preclusion applies even if the TTAB places undue or insufficient weight on a given factor. Id. at 1308-09.