How this document has been cited
A federal court sitting in diversity must apply the issue preclusion law of the state where it sits, so California issue preclusion law will apply to these Plaintiffs.
- in In re DirecTV Early Cancellation Litigation, 2010 and 5 similar citations
Federal courts sitting in diversity must apply the forum state's law in determining the preclusive effect of a prior judgment.
- in PULTE HOME CORPORATION v. TIG INSURANCE COMPANY, 2018 and 5 similar citations
Because the Court is sitting in diversity, it applies the substantive law of the forum state, Alaska, including the collateral estoppel rules of that state
- in DWJ v. WAUSAU BUSINESS INSURANCE COMPANY, 2016 and 4 similar citations
The party asserting collateral estoppel "has the burden of showing that the issue was actually adjudicated in a prior proceeding."
- in IN RE ROLLINS, 2015 and 4 similar citations
We also review de novo the district court's application of collateral estoppel to the issue of paralegal fees.
- in Beauchamp v. Anaheim Union High School Dist., 2016 and 2 similar citations
Because this is a diversity action, state law controls whether the previous state court determinations have a preclusive effect on Plaintiff's claims.
- in PACIFIC BORING, INCORPORATED v. STAHELI TRENCHLESS CONSULTANTS, INC., 2015 and 3 similar citations
—addressing Washington products liability statute barring "a product liability claim where the product has passed its `useful safe life'"and presuming that time period to be at least 12 years (quoting Wash. Rev. Code § 7.72. 060
- in Weil v. Elliott, 2017 and 2 similar citations
Cited by
Dist. Court, D. Arizona 2020
312 F. Supp. 3d 917 - Dist. Court, SD California 2018
Dist. Court, SD California 2018
859 F. 3d 812 - Court of Appeals, 9th Circuit 2017
Dist. Court, D. Alaska 2016
192 F. Supp. 3d 1014 - Dist. Court, D. Alaska 2016
Dist. Court, ND California 2014
291 F. 3d 1173 - Court of Appeals, 9th Circuit 2002
92 Cal. Rptr. 2d 521 - Cal: Court of Appeal, 2nd Appellate Dist., 4th Div. 2000
252 BR 916 - Bankr. Appellate Panel, 6th Circuit 2000