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Tag Archives: Res Judicata & Collateral Estoppel

Intellectual Property – Trademark Infringement – Civil Practice – Res Judicata & Collateral Estoppel (access required)

Georgia-Pacific Consumer Products LP v. Von Drehle Corp. Plaintiff has filed a number of suits around the country alleging that defendant or its distributors infringed plaintiff’s trademark when they sold paper towels designed to fit into plaintiff’s enMotion paper towel dispensers. Plaintiff’s claim in this case is precluded by decisions in other courts that defendant’s actions did not infringe plaintiff’s trademark.

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Real Property – Condominium Declaration – Amendment – Boat Slip Assignment – Civil Practice – Res Judicata & Collateral Estoppel – UOA & NCCA (access required)

Bowers v. TempleIn a prior lawsuit, the court struck down an amendment to a condominium declaration because it was not properly recorded. Even though the court went on to opine that unanimous consent by owners was required to amend the declaration and to delineate the amendment’s effect on owners’ rights, these statements were not material, relevant, necessary or essential to the judgment, so they do not collaterally estop the litigation of these issues in the present lawsuit.

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Taxation – Fraudulent Transfer – Taxpayer’s Nominee – Bankruptcy – Civil Practice – Res Judicata & Collateral Estoppel (access required)

Johnson v. United States Since a final decision of the bankruptcy court has already determined that plaintiff received a fraudulent transfer from her husband of his million-dollar judgment against a former employer, the doctrines of res judicata and collateral estoppel make it appropriate for this court to reach the same conclusion.

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