"In essence, Acacia's existence as a separately listed and managed enterprise is viewed as preclusive
by the regulatory entities holding sway over the company's economic viability," said advisers at Glass Lewis.
The issue we were asked to address concerned whether a value adjustment board determination of tax exemption in prior years, which is not litigated, is subject to administrative finality, or any other preclusive
doctrine, in a current year where the property appraiser does decide to litigate the exemption issue.
A judge did not err by giving preclusive
effect to prior judicial findings in a case in which a jury found the plaintiffs liable for malicious prosecution, the Appeals Court has found.
While the preclusive
effect of FITR clauses is uncontroversial, the
Bankruptcy Discharge Injunction; Contempt; Preclusive
Although Sere pointed to rulings of the trial court in her injury action, the Supreme Court stated that those rulings had no preclusive
effect in the legal malpractice action.
Hargis Industries that administrative decisions can have issue preclusive
Where in a dispute over the ownership of a guitar originally owned by Elvis Presley, appellant challenged the judgment in favor of the museum currently in possession of the instrument, arguing that a Tennessee judgment in his favor should be given preclusive
effect, the judgment is affirmed because the museum could not be bound by the Tennessee judgment since it was not in privity to the party in the first suit.
Moreover, the FCC staff found that nothing in the Local Community Radio Act, which governs the relationship between LPFM stations and FM translators, mandates that every application in every window be reviewed for the its preclusive
impact on future applications."
A previous foreclosure action against the Butchers was dismissed "without prejudice." The previous dismissal does not carry preclusive
effect which bars the present foreclosure claim.
conceptions of due process of law, facts resolved in foreign courts can have a preclusive
effect on subsequent proceedings in U.S.