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Examples
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The defense of res judicata is based on the rule that any issue of fact or law put in issue and finally determined by a court of competent jurisdiction cannot be disputed between the same parties in a subsequent trial even if the second trial is for another offense.
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You can say it’s about that if you want, but full faith and credit would be res judicata, which is not what AEDPA imposes, rather it imposes a standard of deference.
The Volokh Conspiracy » Is the Sixth Now the “Most Reversed” Circuit? 2010
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You can say it’s about that if you want, but full faith and credit would be res judicata, which is not what AEDPA imposes, rather it imposes a standard of deference.
The Volokh Conspiracy » Is the Sixth Now the “Most Reversed” Circuit? 2010
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I always thought that res judicata and nonmutual collateral estoppel were limited to:
The Volokh Conspiracy » Standing and Ripeness Issues in the Lawsuits Against Obamacare 2010
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The res judicata issue though is a far more insidious problem that gets very little coverage in this discussion.
The Volokh Conspiracy » Standing and Ripeness Issues in the Lawsuits Against Obamacare 2010
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Four months later, Oreck sued Dyson for false advertising of its newest model, again attacking the “no loss of suction” claim; this was dismissed on res judicata grounds.
Archive 2009-03-01 Rebecca Tushnet 2009
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Because the current claims are based on new ads that came after the prior lawsuit, res judicata did not apply.
Archive 2009-03-01 Rebecca Tushnet 2009
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AEDPA imposes a modified res judicata rule with respect to the review of state court criminal judgments.
The Volokh Conspiracy » Is the Sixth Now the “Most Reversed” Circuit? 2010
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P&G sued for declaratory relief to preclude any such lawsuit on res judicata grounds, and began running ads in which it asserted that Tampax Pearl protected “even better than the next leading brand.”
Archive 2009-07-01 Rebecca Tushnet 2009
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P&G sued for declaratory relief to preclude any such lawsuit on res judicata grounds, and began running ads in which it asserted that Tampax Pearl protected “even better than the next leading brand.”
Pearls of Wisdom: Tampax claims allowed to continue Rebecca Tushnet 2009
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