Other courts Furthermore declined to apply common preclusion principles to decisions of administrative organizations. One example is, as late as 1947, the D. C. Circuit would count on the “nicely settled doctrine that res judicata
Concern preclusion might be inapt if “the quantity in controversy in the 1st action [was] so modest in relation to the quantity in controversy in the next that preclusion could be plainly unfair.” Restatement (Second) of Judgments §28, Comment j
Appropriately, each B&B and Hargis want their wares linked to limited seals. A feud of nearly two decades has sprung from this seemingly commonplace list of facts.
judicial critique of an administrative decision does. Which is legitimate both equally as the judicial evaluate afforded with the Act marks the primary option for thought of the issue by an Article III court docket and since Congress has deviated from the usual apply of affording deference for the factfindings of an initial tribunal in affording de novo
I needn't have a facet In this particular historic discussion about the right volume of review for administrative results of point to conclude that its existence offers nevertheless another excuse to question that Congress supposed administrative preclusion to use to your Lanham Act.
The Court docket rightly recognizes that “for an excellent lots of registration decisions issue preclusion definitely will not likely implement.” Ante,
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Hargis is Mistaken, nonetheless, this exception to challenge preclusion applies to each individual registration. To the contrary: When registration is opposed, There may be good explanation to believe both sides will take the subject seriously.
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