Perspective
Dec. 4, 2009
Preclusion Rules Causes Conflict
Attorneys Benjamin Shatz and Lara Krieger ask whether alternative grounds should or should not be precluded.
By Benjamin Shatz and Lara Krieger
Assume that a California Superior Court relies on two different and independent reasons to reach a judgment. Then, the Court of Appeal affirms the judgment based on one of these reasons, but never bothers to mention the alternative ground. Can the ground that was ignored on appeal still have preclusive effect? Surprisingly, the answer probably depends on whether the preclusion question arises in state or federal court - even though Calif...For only $95 a month (the price of 2 article purchases)
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