92 Moreover, medical authorities give preclusive
effect to administrative findings by other bodies.
She writes that legislative solutions are also being considered, including amendments to the statutes "to permit limited preclusive
or preemptive actions by a federal court presiding over a class action.
With regard to the preclusive
effect of an acquittal, the Court found that the Ninth Circuit "failed to appreciate the significance of the different standards of proof that govern at trial and sentencing" in asserting that the jury rejects some facts when it returns a not guilty verdict.
253) A plea of nolo contendere, however, may not suffice to yield preclusive
effects in future proceedings.
Due to the lack of a significant premium to the shareholders, a preclusive
termination fee provision, and other factors, we believe that the transaction may undervalue SeaBright stock.
damages--and finally consider the case's preclusive
effects in the
reasonable in relation to the threat and neither preclusive
225) Indeed, under Wisconsin law dismissals for failure to satisfy the statute are without preclusive
This was a critical move, and one that the Court lost no time in acknowledging represented a departure from the presumption in Anglo-American law of the right of direct participation as a condition for preclusive
enforcement of a judgment.
28) But the federal district court denied preclusive
effect to the state court judgment, finding instead for Vickie, and awarding her compensatory and punitive damages.
Ordinarily, a determination that has become final in a prior case will be given preclusive
effect even if it has not been subjected to appellate review.
the res judicata or law of the case) or preclusive
effect of the disposition, rather than its quality as precedent, is relevant.