When the America Invents Act (AIA) first proposed post-grant proceedings at the USPTO, many thought its estoppel provisions might deter would-be petitioners.
New decisions by courts and Board judges at the USPTO now provide some blaze marks on the limits of estoppel and when it kicks in.
CONTENTS I Introduction II The Unconscionable Dealings Doctrine III Undue Influence IV Australian Fiduciary Law V Estoppel in Equity VI The Constructive Trust VII The Statutory Context VIII Conclusion
For present purposes I will focus primarily on those aspects of estoppel which give rise to a cause of action in equity.
Indeed, an unfavorable workers' compensation ruling against a plaintiff could be used as a vehicle to get summary judgment through the doctrine of "collateral estoppel.
Collateral estoppel is defined in Black's Law Dictionary as the "binding effect of a judgment as to matters actually litigated and determined in one action on later controversies between the parties involving a different claim from that on which the original judgment was based.
Estoppel is one of the oldest and most firmly entrenched equitable principles in the American court system.
Before addressing why and how equitable estoppel has a rightful place in the law of ERISA, it is helpful to have some understanding of the facts and circumstances that led to ERISA's enactment and the way the Supreme Court has interpreted ERISA since its passage.
Furthermore, Part V presents an argument regarding the significance of issue estoppels, which should--in my opinion--apply anyway, even if we reconsider the need for a broad-scope rule of cause of action estoppel.
The Supreme Court of Canada also held that discretion may be exercised in the application of both issue and cause of action estoppels.
Instead, the author maintains that the principled exception is merely an application of conventional estoppel to the facts found in London Drugs and Fraser Rivet" (and other similar privity cases).
Part VI then applies this understanding of the exception to the facts of London Drugs and Fraser River to see if conventional estoppel can also explain the conclusions reached in these cases.
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Closing is conditioned upon the satisfactory completion of the purchaser's analysis of tenant estoppels
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Summary: When the America Invents Act (AIA) first proposed post-grant proceedings at the USPTO, many thought its estoppel
provisions might deter would-be petitioners.