Thus, if a Texas court dismisses a case against a New York defendant because Texas lacks personal jurisdiction over the defendant, the plaintiff can sue the defendant on the same claim in New York without fear of claim preclusion
based on the Texas dismissal.
When a patent is adjudged not invalid on any single ground in the first case, and different invalidity contentions are raised in the second case, the court should apply claim preclusion
rather than issue preclusion.
96) Since the prior judgment was rendered in New York, (97) it was New York's claim preclusion
laws that provided the rules of decision.
Para que se possa alegar a claim preclusion
, numa atuacao semelhante a "excecao" de coisa julgada no sistema patrio, ha que preencher certos requisitos, os quais pretendem provar que foi dada possibilidade de debate sobre as outras pretensoes, que precluiram no primeiro processo, de modo que nao possam ser alegadas numa segunda oportunidade.
A broad rule of claim preclusion
will encourage a claimant to put everything before the first court, while a narrower rule might result in unasserted matters never having to be litigated at all.
Clearly, the concept of RJ contradicts the litigants' autonomy-especially when dealing with claim preclusion
, which forces the plaintiff to present the entire case relating to the cause of action as well as every remedy sought at one time, once and for all.
paragraph]51 Just a couple of months after the ALJ denied Toyota's motion on claim preclusion
and allowed Paice to pursue the ITC investigation, Toyota decided it had had enough.
assess or protect against the threat they face from claim preclusion
and whether the application of claim preclusion
would defeat the
53) The court goes on to state that because the plaintiff's COFC claims were based on the same transactional facts as its nine appeals to the ASBCA, the claim preclusion
aspect of res judicata barred the action.
Also known as claim preclusion
, res judicata is used here in its narrow sense, referring to "the effect of a judgment in foreclosing litigation of a matter that never has been litigated, because of a determination that it should have been advanced in an earlier suit.
A recent issue included treatment of: insurer's refusal to consent to third-party settlement; denial of disability benefits, incomplete investigations, breach of contract, flood related claim preemption by federal law, claim preclusion
and disability claims.