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Claim And Issue Preclusion In Civil Litigation In Washington, Philip A. Trautman
Claim And Issue Preclusion In Civil Litigation In Washington, Philip A. Trautman
Washington Law Review
The preclusive effect of a judgment is an age-old topic. Why then add more to the existing commentary? Principally, it is because within recent years there have been noteworthy cases and significant developments in the governing principles. The purposes of this article are to recall the orthodoxy of the subject, to note the changes that have been occurring, and to suggest what may be forthcoming.
Claim And Issue Preclusion In Civil Litigation In Washington, Philip A. Trautman
Claim And Issue Preclusion In Civil Litigation In Washington, Philip A. Trautman
Washington Law Review
The preclusive effect of a judgment is an age-old topic. Why then add more to the existing commentary? Principally, it is because within recent years there have been noteworthy cases and significant developments in the governing principles. The purposes of this article are to recall the orthodoxy of the subject, to note the changes that have been occurring, and to suggest what may be forthcoming.
State Law In Federal Courts: The Implications Of De Novo Review—In Re Mclinn, 739 F.2d 1395 (9th Cir. 1984), Wendy E. Russell
State Law In Federal Courts: The Implications Of De Novo Review—In Re Mclinn, 739 F.2d 1395 (9th Cir. 1984), Wendy E. Russell
Washington Law Review
In In re McLinn, the Ninth Circuit Court of Appeals rejected this traditional reliance on the district court's determination of state law and held that issues of state law in federal court will be reviewed under a new, de novo standard. The McLinn case reveals a dilemma in the treatment of state law in federal courts. The Erie doctrine requires federal courts to ascertain and apply state law, and gives them a broad responsibility for doing so. At the same time federal courts are unable to accurately predict and apply unresolved issues of state law. This Note discusses the doctrine …
Can Civil Rule 52(A) Peacefully Co-Exist With Independent Review In Actual Malice Cases? Bose Corp. V. Consumers Union, 104 S. Ct. 1949 (1984), Cathy Parker
Washington Law Review
This Note examines Bose to determine whether the Court intended to totally reject Rule 52(a) as completely inapplicable in determinations of actual malice. It concludes that independent review should not replace Rule 52(a) in actual malice cases but rather should serve a separate function to ensure that the reasoning of district courts complies with constitutional legal principles. The Note further suggests that Bose created a new rule of law protecting the media from suit where defendants have simply used "imprecise language" in reporting. In addition, because of the ambiguitites in the Court's opinion, the case can support not only the …