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Tag Archives: issue preclusion

2010AP1802 Harborview Office Center, LLC, v. Nash

Civil Procedure Issue preclusion Where assumed facts were not actually litigated, determined based on evidence or essential to a judgment in a prior proceeding, issue preclusion does not apply. “It is evident from the record that the facts involved in Nash’s alleged negligence were often disputed but not actually litigated or determined in the prior proceeding concerning Harborview’s professional negligence ...

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2010AP854-CR State v. Klasinski

Criminal Procedure Issue preclusion; OWI Trinity Klasinski appeals from a felony judgment of conviction for operating under the influence. The issue is whether the State should have been barred by issue preclusion from relitigating a suppression issue. We conclude that the State should have been barred from relitigating. We reverse the judgment of conviction and remand with directions. This opinion ...

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10-11874 In re Peterson

Bankruptcy Issue preclusion Issue preclusion does not bar a bankrupt gambler from contesting the dischargeability of a Nevada casino’s default judgment. “Peterson never litigated the issue of fraud. Peterson stopped pursuing his case on, or shortly after, May 11, 2009. On May 21, 2009, Caesars filed an amended counterclaim alleging fraud. Before that date, Caesars had not alleged fraud. Peterson ...

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10-12596 In re Horsfall

Bankruptcy Nondischargeability; issue preclusion A grant of summary judgment in state court on a tortious interference with contract claim does not preclude the defendant from discharging the debt in bankruptcy. “First Weber faced a lower burden of proof in the state court than it has now. All First Weber did in state court was prove a prima facie case for ...

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