res judicata

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You want to appeal an interlocutory order, and with great relief you find a case in which your legal issue affected a substantial right that allowed for such an appeal. Phew. You are in the clear, right?

Wrong. Just because one case found a substantial right does not mean that the court will find it in your case. In Dewey Wright Well & Pump Co.… Continue Reading

It is beyond dispute that a state court must accord full faith and credit to “the judicial proceedings of the federal courts.” Supreme Lodge, K.P. v. Meyer, 265 U.S. 30, 33 (1924). As a consequence, “when an issue has been fully litigated and decided” in federal court, it cannot be “contested again between the same parties” in state court—the doctrine of collateral estoppel.… Continue Reading

After Dogwood, it is fairly rare that an appellate court will dismiss an appeal for rules violations. However, that reluctance does not give carte blanche to appellate practitioners, as the Court of Appeals reminded us today. In Williamson v. Williamson, the appellant relied on “bald assertions of error absent citation to any legal authority.” Furthermore, the appellant did not include transcripts from the trial court hearings, which prevented the court from “meaningful appellate review.”… Continue Reading