Bd . of Ed ., 465 U . S . 75, 83-85 ( 1984 ) ( s1983 does not limit claim preclusion under s1738 ); Kremer v . Chemical Constr.
32.
In Feres, the Court gave several reasons for its preclusion of an FTCA suit alleging that negligence caused the death of a serviceman trapped in a barracks during a fire while on active duty.
33.
One of the most influential scholars of federal practice and procedure, Burbank is the author of definitive works on federal court rulemaking, interjurisdictional preclusion, litigation sanctions, and judicial independence and accountability.
34.
Nevertheless, pretensed campaign against another adversary, Zionism, restrained the functioning of the Museum nearly to the point of preclusion, regarding research, exhibiting, publishing and cooperation with foreign experts alike.
35.
A divided Court upheld the trial judge's preclusion of the witness, adding a new framework for balancing a defendant's right to a robust defense with a series of other factors.
36.
Claim preclusion applies whether the plaintiff wins or loses the earlier case, even if the later case raises a different legal theory, even the second claim is unknown at the time of the first case.
37.
The economic loss rule which emerged in the 20th century would eliminate these losses if applied strictly, which has led to preclusion of the tort or an exception to allow the tort if not related to a contract.
38.
Claim preclusion bars a suit from being brought again on an event which was the subject of a previous legal cause of action that has already been finally decided between the parties or those in privity with a party.
39.
Centrelink has a discretion to reduce the duration of the preclusion period if it is satisfied that there exist special circumstances that make an individual's case out of the ordinary : for example, extreme financial hardship.
40.
"' Collateral estoppel "'( CE ), known in modern terminology as "'issue preclusion "', is a common law estoppel doctrine that prevents a person from relitigating an issue.
