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19 Apr 2015, 2:13 pm by Stephen Bilkis
Under the estoppel doctrines of res judicata and collateral estoppel, each requires a showing that there was an identity of the parties in the present and prior litigation (Juan C. v Cortines, 89 NY2d 659 [1997]), that the claims arose out of the same transaction or series of transactions (Xiao Yang Chen v Fischer, 6 NY3d 94 [2005]), that the parties had a full and fair opportunity to contest the claims (Krista I. v Gregory I., 8 AD3d 696 Page 5 [3d Dept 2004])… [read post]
13 Apr 2015, 3:54 pm
Part V illustrates fallacies of narration, including fallacies of anachronism and presentism, that too often create fruitless investigations and provide ahistorical answers. [read post]
13 Apr 2015, 11:38 am by Stephen Bilkis
Under the estoppel doctrines of res judicata and collateral estoppel, each requires a showing that there was an identity of the parties in the present and prior litigation (Juan C. v Cortines, 89 NY2d 659 [1997]), that the claims arose out of the same transaction or series of transactions (Xiao Yang Chen v Fischer, 6 NY3d 94 [2005]), that the parties had a full and fair opportunity to contest the claims (Krista I. v Gregory I., 8 AD3d 696 Page 5 [3d Dept 2004])… [read post]
10 Apr 2015, 1:30 pm by Dan Ernst
Part V illustrates fallacies of narration, including fallacies of anachronism and presentism, that too often create fruitless investigations and provide ahistorical answers. [read post]
29 Mar 2015, 11:46 am by Brian Shiffrin
Fischer, 687 F.3d 514 (2d Cir. 2012), nearly 20 years after Rivas’s conviction, ,the Second Circuit re-instated the habeas petition. [read post]
23 Mar 2015, 8:06 am by Second Circuit Civil Rights Blog
The Court of Appeals reverses, the conviction stands, and Smith remains in jail.The case is Fischer v. [read post]
31 Jan 2015, 8:24 pm
(Pix (c) Larry Catá Backer 2015) Professor James Stewart, of the Faculty of Law at the University of British Columbia, has produced a valuable on line symposium: Business and Human Rights: Next Steps. [read post]
8 Jan 2015, 6:14 am by MBettman
Supreme Court granted cert. in the case now captioned Ohio v. [read post]
29 Dec 2014, 4:15 am by Amy Howe
” Howard Fischer of Capitol Media Services (via the East Valley Tribune) discusses Arizona State Legislature v. [read post]
22 Dec 2014, 4:56 am by Amy Howe
At Jost on Justice, Kenneth Jost criticizes the Court’s recent decision in Heien v. [read post]
18 Dec 2014, 3:25 am by Amy Howe
Finance) previews EEOC v. [read post]