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.

Tagged with: Civil Practice Intellectual Property Res Judicata & Collateral Estoppel Trademark Infringement

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.

Tagged with: Amendment Civil Practice Real Property Res Judicata & Collateral Estoppel

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.

Tagged with: Bankruptcy Civil Practice Fraudulent Transfer Res Judicata & Collateral Estoppel Taxation

Reese v. Brooklyn Village, LLC. (Lawyers Weekly No. 11-07-0217, 27 pp.) (Linda Stephens, J.) Appealed from Mecklenburg County Superior Court. (W. David Lee, J.) N.C. App. Click here for the full text of the opinion. Holding: Where plaintiff raised or ...

Tagged with: Civil Practice Mecklenburg County Municipal Res Judicata & Collateral Estoppel