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The Use Of Collateral Estoppel By A Private Party In Suits Against Public Agency Defendants, John Kelly, David Rothenberg
The Use Of Collateral Estoppel By A Private Party In Suits Against Public Agency Defendants, John Kelly, David Rothenberg
University of Michigan Journal of Law Reform
Collateral estoppel has been defined as "the facet of the doctrine of judicial finality that deals with a judgment's conclusive effect in a suit on another cause of action." It precludes relitigation of a previously decided issue when that same issue arises in the context of a subsequent suit based on a different claim.
Traditionally, a party seeking to assert collateral estoppel must establish three elements: (1) identity with an issue actually and necessarily litigated in the prior case, (2) mutuality of parties, that is, the same parties or their privies in the second case as in the first, and …
A Peek In Pandora's Box: Folding Carton And The Privilege Against Self-Incrimination In Civil Antitrust Actions, David D. Gregg
A Peek In Pandora's Box: Folding Carton And The Privilege Against Self-Incrimination In Civil Antitrust Actions, David D. Gregg
University of Michigan Journal of Law Reform
The purpose of this article is to examine the dimensions of an individual's Fifth Amendment privilege in a civil antitrust action where the person has not yet been guaranteed that criminal prosecution is no longer possible. Two issues are apparent: first, under what conditions may a civil antitrust defendant properly invoke the privilege; second, if a civil antitrust plaintiff seeks to discover information privileged under the Fifth Amendment, what is the proper response to the problem? Folding Carton provides an excellent example of the process of antitrust litigation and demonstrates the tensions involved. Using that case as an example, the …
Foreign Nation Suits For Treble Damages Under The Clayton Act After Pfizer V. Government Of India, Marianne P. Gaertner
Foreign Nation Suits For Treble Damages Under The Clayton Act After Pfizer V. Government Of India, Marianne P. Gaertner
University of Michigan Journal of Law Reform
After summarizing the rationale behind Pfizer, this article will trace the ramifications of the decision on American foreign, economic, and antitrust policies. Second, a suggestion for a foreign sovereign antitrust bill will then be offered. Finally, an examination of present congressional proposals will show that these proposals fail to address fully the political and economic consequences of Pfizer.