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18 Dec 2020, 3:10 am by Andrew Lavoott Bluestone
“The party seeking the benefit of collateral estoppel has the burden of demonstrating the identity of the issues in the present litigation and the prior determination, whereas the party attempting to defeat its application has the burden of establishing the absence of a full and fair opportunity to litigate the issue in the prior action” (Kaufman v Eli Lilly & Co., 65 NY2d 449, 456 [1985]). [read post]
23 Oct 2012, 5:47 am by Douglas L. Waldorf
In effect, this prevents a shifting of the burden of proving deficiency to the guarantor and keeps that burden with the bank. [read post]
7 Jan 2010, 4:01 am by John L. Welch
Yesterday, the CAFC held a lively oral argument in an appeal [2009-1432] from the Board's decision in Mary Queen of the Third Millennium, Inc. v. [read post]