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ITC Administrative Ruling of Non-Infringement in a 337 Patent Case Given Preclusive Effect by District Court

Any residual sense that the International Trade Commission (ITC) rulings on patent infringement are of lesser import than those of the District Courts should be dispelled forthwith, and clients advised accordingly. While it is true that res judicata (claim preclusion) and collateral estoppel (issue...

MO: Court Lowers Burden For Lawsuit Against Negligent Co-Workers

An employee injured on the job can file a negligence lawsuit against a co-employee after settling a Missouri worker’s compensation case, according to a new case from the western district. Robinson v Hooker , WD 71207 (Mo. App. 8-3-10), reversed an order to dismiss a negligence claim filed...

Cal. Comp. Cases September Advanced Postings (9/9/2010)

Here's the second batch of advanced postings for the September 2010 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases below to read the complete headnotes. Kent Anderson v. W.C.A.B., Smart & Final, PSI, Sedgwick CMS 75 Cal. Comp. Cases ***, 2010 Cal. Wrk. Comp...

The Song of Solomon Post....and Another Two of Your Delaware "Motion Day" Questions Answered!

First, a shout out to my dear husband Tom. Today is our eighth wedding anniversary. And yes, you could say it is indeed better "the second time around." To borrow from my wedding invitation: "Many waters cannot quench love; rivers cannot sweep it away. If one were to give all the wealth...

The Song of Solomon Post....and Another Two of Your Delaware "Motion Day" Questions Answered!

First, a shout out to my dear husband Tom. Today is our eighth wedding anniversary. And yes, you could say it is indeed better "the second time around." To borrow from my wedding invitation: "Many waters cannot quench love; rivers cannot sweep it away. If one were to give all the wealth...

Larson’s Spotlight on Recent Cases: Injured Worker May Not Pursue Double Recovery Against Uninsured Employer

Larson's Spotlight on Election of Remedy, Exclusive Remedy, Withdrawal From Workforce, and Deviation From Employment. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled the...

Unpub. BIA Res Judicata Victory: Gaytan-Castro

"We agree with the Immigration Judge that the present removal proceedings are barred under the doctrine of res judicata even if the respondent was erroneously granted adjustment of status in the prior proceedings. ... Although the instant proceedings are based on a different charge of removability...

Res Judicata Barred Petition to Reopen for New and Further Psychiatric Disability: Cal. Comp. Cases June Advanced Postings (6/7/12)

Here’s the second batch of advanced postings for the June 2012 issue of Cal. Comp. Cases. Lexis.com subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2012 LexisNexis. All rights reserved. Laura Matook , Petitioner v. Workers' Compensation...

Duane Morris: Key Ruling for Insurance Companies in Equitable Subrogation Action in U.S. District Court in Florida

In QBE Insurance Corporation v. Jorda Enterprises (Free Download), Judge Alan Gold of the U.S. District Court for the Southern District of Florida granted summary judgment to HVAC subcontractor Jorda Enterprises Inc., who was insured by The Hartford Insurance Company, in an equitable subrogation action...

Ballard Spahr LLP: Single Publication Notice of Class Action Settlement Did Not Bar Subsequent Lawsuit

By Alan S. Kaplinsky and Burt M. Rublin The Second Circuit has held that a plaintiff's lawsuit against a debt collector alleging violations of the Fair Debt Collection Practices Act (FDCPA) was not barred even though she was a member of a settlement class in a prior class action against that debt...

Co-employee Immunity Case With a No Liability Settlement Twist: Things That Make You Go Hmmm

An employee files an injury claim against the employer and receives a $6,000 lump sum payment in exchange for a "no liability" settlement with the employer. The settlement is subsequently approved by the Industrial Commission. May the employee now proceed in tort against a co-employee who caused...

Florida Supreme Court Upholds $2.5 Million Verdict In Engle Tobacco Case

TALLAHASSEE, Fla. - (Mealey's) Florida's Supreme Court on March 14 affirmed, with one dissent, a trial court's application of its landmark decision in Engle v. Liggett Group, Inc. (945 So. 2d 1246 [Fla. 2006]) [ enhanced version available to lexis.com subscribers ] in a $2.5 million verdict...

Res Judicata: Double Jeopardy's Civil-Lawsuit Cousin

When Cecil Addison was passed over for promotion, he sued Volvo Trucks North America and Ivan Mitchell in the Western District of Virginia for breach of contract and discrimination. Volvo Trucks had a contract agreement with the United Auto Workers Union. Addison alleged the defendants changed the...

Res Judicata: Double Jeopardy's Civil Lawsuit Cousin

When Cecil Addison was passed over for promotion, he sued Volvo Trucks North America and Ivan Mitchell in the Western District of Virginia for breach of contract and discrimination. Volvo Trucks had a contract agreement with the United Auto Workers Union. Addison alleged the defendants changed the contract's...

Fifth Circuit Knocks Out Climate Change Liability Lawsuit Again

By J. Wylie Donald, Partner, McCarter & English Res judicata is one of those phrases learned in law school that seemed of limited utility. How often is someone going to bring the same claim twice? Callow law students know little of the world. The doctrine is frequently needed and, as was learned...

California Workers' Comp Case Roundup (6/7/2013)

CALIFORNIA COMPENSATION CASES Vol. 78 No. 5 May 2013 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2013 LexisNexis. All rights...

California: Court of Appeal Reverses W.C.A.B. Ruling on Res Judicata

Attention Lexis Online Subscribers: The cites in this article link to lexis.com. The bracketed cites link to Lexis Advance. The 2nd Appellate District has ordered publication of an opinion previously issued as unpublished which provides important clarification of the rights of the California Insurance...

California Workers' Comp Case Roundup (8/10/2013)

CALIFORNIA COMPENSATION CASES Vol. 78 No. 7 July 2013 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2013 LexisNexis. All rights...

California: Psychiatric Compensable Consequence as a New and Further Injury

In Woodward v. Tri Corp Construction , 2014 Cal. Wrk. Comp. P.D. LEXIS —, the WCAB panel, affirming the WCJ, found good cause existed under Labor Code § 5410 to reopen the applicant’s 1/26/2011 Stipulated Award and to find that the applicant sustained a psychiatric injury as a compensable...

California Workers' Comp Case Roundup (11/1/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 10 October 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

Delaware Court of Chancery Explains Res Judicata, Collateral Estoppel and Acquiescence

Brevan Howard Credit Catalyst Master Fund Limited v. Spanish Broadcasting System, Inc. , C.A. No. 9209-VCG (Del. Ch. May 19, 2015) [ an enhanced version of this opinion is available to lexis.com subscribers ]. This letter decision explains the nuances and elements of the following principles on which...

Compensable Psychiatric Injury as a Result of Harassment by Co-Worker: Cal. Comp. Cases March/April Advanced Postings (3/24/2016)

Here’s the latest batch of advanced postings for Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2016 LexisNexis. All rights reserved. City of Santa Barbara, PSI, administered by JT2 Integrated...

California Workers’ Comp Case Roundup (4/29/2016)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 4 April 2016 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2016 LexisNexis. All rights...

Pennsylvania: Decision in Heart and Lung Claim Not Binding on Workers’ Compensation Judge

Reiterating the rule that in Pennsylvania, the doctrines of collateral estoppel and res judicata generally apply to workers’ compensation cases, but that the doctrines only apply where there is substantial identity in issues before the respective trial tribunal, a state appellate court held that...