· 7/27/2000
International Nutrition Company v. Horphag Research, Ltd.
Citations
- 220 F.3d 1325
- 55 U.S.P.Q. 2d (BNA) 1492
- 2000 U.S. App. LEXIS 18138
- 2000 WL 1035751
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that the term privity “is simply a short- hand way of saying that [a] nonparty [i.e., a party not named in a prior action] will be bound by the judgment in that action”
- defining the third element as involving “the same claims that were raised, or could have been raised, in the prior action”
- defining the third element as involving “the same claims that were raised, or could have been raised, in the prior action.”
- “default judgments can give rise to res judicata … INC therefore cannot avoid the bar of res judicata on the ground that [its predecessor-in-interest’s previous] opposition was abandoned and dismissed for failure to prosecute”
- trademark company could not limit rights of transferee that were unrelated to the transferred property; res judicata did not apply to non-parties to a default judgment because the parties were not privies to the action
- “Contrary to INC’s argument, default judgments can give rise to res judicata.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lourie, Clevenger, Bryson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.