Deculus v. Welborn

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• declining to review issue raised for first time at oral argument because it ‘‘was neither timely raised nor properly briefed’’
• finding breach of fiduciary duty claims are assets of a 8 company
• exception to application of collateral estoppel exists when “[t]he party against whom preclusion is sought had a significantly heavier burden of persuasion with respect to the issue in the initial action than in the subsequent action” [internal quotation marks omitted]
• “ [collateral estoppel . . . prohibits the relitigation of an issue when that issue was actually litigated and necessarily determined in a prior action between the same parties upon a different claim” [emphasis altered; internal quotation marks omitted]

Source: CourtListener parenthetical corpus (CC0).