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Source Rights Incident to Land Ownership Rights Incident to Land Ownership Showing the closest available flashcard practice.

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0 tracked cards Civil Procedure

A manufacturer fully litigated and lost whether a warning label was adequate in one consumer's suit. A different consumer later sues over the same warning and seeks to use the first finding offensively.
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A defendant who loses on an issue after full litigation may sometimes be precluded from relitigating that issue against a new plaintiff, but only if ordinary issue preclusion elements and fairness requirements are satisfied. A defendant is issue-precluded even when there were inconsistent prior judgments in the defendant's favor. A defendant is issue-precluded whenever the first complaint used the word negligence. A defendant is issue-precluded only if the first case involved the same amount in controversy.

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