Allahabad High Court rules lower price for sugarcane Aug 19, 2008
Uttar Pradesh Ganna Kisan Sangharsh Samiti (Sugarcane Farmers Action Committee) convenor Pritam Singh said by telephone from Meerut: "This high court order is ridiculous and against the basic principle of res judicata, which does not permit an inferior court to even consider hearing a case in which a superior court has already given a verdict.". "We are going to challenge t 00004000 his Allahabad High Court order before the country's apex court within the next two days," he added. (Economic Times)
Real Estate Investors Claim Law Firms Knew of Wrongdoing Aug 14, 2008
"This claim that was commenced recently against us has no merit, will be dismissed on motion and the decision in Oster v. Kirschner is almost certainly res judicata against the claimants in this case," Hyman said in an interview. "Under no circumstances was our firm or Mr. Unger involved in any fraud or complicity in aiding fraud.". (Law.com)
Attorney General's Role in Tobacco Settlement Precludes Punitive Damages Suit, Panel Rules Jul 23, 2008
He held that the Fabianos' punitive damages claims were not barred by res judicata and noted that "[p]laintiffs in this action are pursuing a private claim which by definition cannot be encompassed within the parens patriae umbrella.". PRIVATE ATTORNEYS GENERAL. (Law.com)
Ungava Mines Inc.: UMEI Appeal of Res Judicata Decision Fails Jul 19, 2008
Source: Ungava Mines Inc.. TORONTO, ONTARIO--(Marketwire - July 18, 2008) - Ungava Mines Inc. (the "Corporation") (OTCBB: - ) announces that a three judge panel of the Quebec Court of Appeal has decided that the decision of Judge Helene Langlois JSC, dismissing Ungava Mineral Exploration Inc's (UMEI) Amended and Particularized Motion to Institute Proceedings as against Glen Mullan and Bruce Durham, be upheld. (CCNMatthews Press Releases)
LETTERS: NCT, July 7, 2008 Jul 8, 2008
However, I do not believe that Res Judicata would be an applicable affirmative defense for Exxon on future claims. Res Judicata bars people from suing for the same thing twice. (North County Times)
N.Y. High Court Revives Malpractice Suit Over Representation of Convicted Lawyer Jun 27, 2008
The suit, which was previously dismissed because Larossa's ex-client was in dissolution, cannot now be barred on res judicata grounds against a successor firm, the court ruled ... A successor firm, Landau, with Eisen as an assignee, filed an identical suit, but it was barred on res judicata grounds ... In a decision written by Judge Carmen Beauchamp Ciparick, the court said the dismissal without prejudice in Landau v. Larossa, Mitchell & Ross, 604476/01, "lacks a necessary element of res... (Law.com)
Bancolombia S.A. Announces That the United States Court of Appeals for the Second Circuit Ruled In Favor of Bancolombia S.A. Jun 3, 2008
As previously disclosed by Bancolombia, the Court dismissed Plaintiff's complaint based on the principle of res judicata and held that the award of the Colombian arbitral tribunal (the "Tribunal"), dated May 16, 2006, decided the same claims filed before the Court. The Plaintiffs appealed this decision arguing that the Tribunal had not decided the claims related with the violation of the United States securities regulations. (PR Newswire)
Parody of Wal-Mart Trumps Its Trademark Mar 26, 2008
Levy, one of Smith's attorneys, speculated that Batten's order would hurt Wal-Mart in its trademark case, because it could act as res judicata against the retailer. Simley said he did not know how the current ruling would affect his company's other trademark action. (Law.com)
Atiku Goes To Supreme Court Mar 15, 2008
It is only in that circumstance that the first case in appropriate circumstances acts as issue estoppel against the second one," and thereby occasioned a serious miscarriage of justice. On the particulars of error, Atiku declared that the court failed to distinguish between res judicata and issue estoppel. The settled position of the Supreme Court that issue estoppel applies even in the same case once an issue has been raised and distinctly determined between the parties as supported by Cardoso... (Guardian News, Nigeria)
Memorandum of Disapproval Dec 29, 2007
Section 1083 removes defenses common for defendants in the United States -- including res judicata, collateral estoppel, and statutes of limitation --upon which the Iraqi government has relied. And section 1083 would attempt to revive a $959 million judgment against the new democratic Government of Iraq based on the misdeeds of the Saddam Hussein regime. (White House News Releases)
Press Briefing by Conference Call by Senior Administration Officials on the National Defense Authorization Act for 2008 Dec 29, 2007
If you take a look at Section 1083, it's referred to as "common defenses of collateral, estoppel, and res judicata." Those are eliminated by statute here, which is an extraordinary step, unprecedented to my knowledge, for Congress to take, and that would have the exact impact that you put your finger on, the revitalization of claims. If there's any doubt at all about whether particular cases were being thought of, there's one that's actually referenced by docket number. (White House News Releases)
The Attorney General's Office Revoked Its Decision to Prosecute Officers of Bancolombia S.A. Sep 26, 2007
To reopen a criminal proceeding that was previously decided in favor of the officers and that is barred by the statute of limitations violates principles of public interest, res judicata and the legal certainty which are necessary for institutional stability and social well being. 4. (PR Newswire)
Abortion group cites charges of pro-life violencepreviously rejected by Supreme Court – 3 times Sep 9, 2007
" Her reaction stemmed from the fact that the allegations cited by Trombley in his letter were allegations in a on behalf of all abortion providers in the U.S. including Planned Parenthood against pro-life protesters including Scheidler, alleging they engaged in a criminal conspiracy to halt the abortion industry. But the case, before the U.S. Supreme Court three times, was repeatedly and resoundingly overturned, the last time on a rare unanimous decision. That essentially nullified lower court... (WorldNetDaily)
Ungava Minerals Corp.: Quebec Litigation Update Sep 8, 2007
In the Re-amended Motion, the text of which will be a schedule to the Material Change Report to be filed in relation to this Press Release, CRI includes allegations regarding recent developments in other pending litigation, such as the Decision regarding res judicata and Mullan and Durham reported in the Corporation's May 25, 2007 Press Release, which decision is being appealed. The Re-amended Motion also includes allegations relating to the action in Ontario against James Mungall and the... (CCNMatthews Press Releases)
Judge Finds Tobacco Settlement Bars Claims for Punitive Damages Jul 31, 2007
Brieant's ruling barring smokers' punitive damages on a res judicata theory is the first in New York, according to Thomas J. Quigley of Winston n, who represented Philip Morris. New York state had sued the tobacco industry in 1997 as a predicate to its participation in the nationwide settlement the next year, of which its share was $25 billion. (Law.com)
Can Judicial Inefficiency lead to Mob Justice, Vigilantism and Spiritual Justice? Jul 6, 2007
This calendar requires that pre-voting day disputes be resolved before the elections or they become res judicata. Morever, post-voting day disputes should also be resolved before inauguration. (Ghana Web, Ghana)
Lawyer says rejection of organized crime allegations is far-reaching May 9, 2007
"The law of 'res judicata' or 'claim preclusion' varies from state to state, but all pro-life activists who face lawsuits by their local abortion providers may have a defense based on today's final judgment. "The judgment bars 'all claims that might have been brought in this case' on behalf of all class member abortion clinics. This is not just federal RICO or antitrust claims, but also state and local trespass or harassment claims of all sorts," he said. "As NOW and the other plaintiffs have... (WorldNetDaily)
She's No Million Dollar Baby Apr 14, 2007
Perhaps the most important principle involved in this case is a common legal concept known as "res judicata" a Latin phrase that literally means a matter already judged ... We also know that, under the doctrine of res judicata, each of these findings must be upheld in any other courts that look at this case ... If this decision about vacating the bankruptcy ruling is upheld, it would mean that the bankruptcy ruling has no effect for purposes of res judicata that is, neither the... (Townhall.com)
Fees Still Possible in Absence of Retainer Letter, N.Y. Appellate Panel Says Apr 7, 2007
However, the judge found that the guardianship fee award of $18,375 barred further recovery under the doctrine of res judicata. The 2nd Department modified that ruling and said Rubenstein could seek further recovery. (Law.com)
High Court for Atiku, But INEC Follows Superior Court Apr 4, 2007
In a terse judgment delivered yesterday afternoon in Abuja, Justice Tijani Abubakar first dismissed the preliminary objection brought by the defendant and said that the plea of res judicata could not stand because the case before him was different from the one at the court of appeal and which was also decided yesterday. Justice Abubakar said the plaintiff had filed a suit against his indictment in which he asked the court to declare that the INEC cannot use the report of the panel over the... (allAfrica.com)
Two Courts to Decide Atiku's Fate Mar 28, 2007
He said that the same cause of action, the same parties and same counsel were being handled by different courts and that clearly violated the principle of res judicata that states that there must not be a multiplicity of cases. According to him, the court has a duty to protect itself against the abuse of its process and he urged the court to dismiss the suit. (allAfrica.com)
Court Dismisses Church Group's Suit Against Weil Gotshal Feb 8, 2007
But in granting summary judgment to the law firm in a decision issued Tuesday, Chief Judge Ronald B. King of the U.S. Bankruptcy Court for the Western District of Texas said that the association's contentions constituted a collateral attack on previous court orders and were barred by the doctrine of res judicata. The judge noted in particular that the court had previously issued orders confirming the association's reorganization plan and authorizing the sale of many of the group's properties. (Law.com)
Resolutions of Bancolombia's Board of Directors Jan 10, 2007
In addition, both the acquisition and the merger have been confirmed by various administrative and judicial authorities in decisions that are res judicata, including the decision of the Attorney General's Office to close the criminal investigation reached at first and second instances, due to the lack of merits. (1) The Board of Directors is confident that the different actions that will be initiated against the Attorney General's Office decision will demonstrate once again the transparency of... (PR Newswire)
