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23 May 2012, 10:47 am by WOLFGANG DEMINO
See Barr, 837 S.W.2d at 628 (stating res judicata bars related matters that, with the use of diligence, should have been litigated in prior suit). [read post]
14 May 2012, 8:24 am by Schachtman
Because of his careful alignment with both plaintiffs’ and defense bars, Dr. [read post]
8 May 2012, 10:17 pm by WOLFGANG DEMINO
     Because [party] argues that the issues here were first decided in a federal tribunal, federal law controls the determination of whether res judicata will bar the later state court proceeding. [read post]
7 May 2012, 12:06 pm by Rebecca Tushnet
Carpenter, Texas Wesleyan School of Law (United States) Christine Haight Farley, American University, Washington College of Law (United States) Are there any outer limits? [read post]
7 May 2012, 5:00 am by Bexis
  As stated recently:The consumer expectations test considers the same factors at issue in a failure-to-warn claim, and so its application is barred by Mensing. [read post]
14 Mar 2012, 10:19 am by Lawrence B. Ebert
It would be peculiar (and exceptionally unfair) to invoke res judicata to bar any further relief to a patentee in such a situation, thus effectively giving the infringer an unpaid license for the remainder of the life of the patent based [read post]
1 Feb 2012, 9:15 am by SteinMcewen, LLP
“New” Defense: Prior Commercial Use The United States has not traditionally had an express prior user defense or experimental user defense, but such defenses have effectively always been present. [read post]
22 Dec 2011, 2:30 am by Victoria VanBuren
In In re Aramco Services Co., No. 01-09-00624-CV, (Tex. [read post]
8 Dec 2011, 1:10 pm by WOLFGANG DEMINO
” In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 740 (Tex. 2005) (internal quotation marks omitted). [read post]