Joseph Gelb v. Royal Globe Insurance Company

How courts have described this case

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

• noting that “if a court decides a case on two grounds, each is a good estoppel”
• noting, in dictum, that “although failure to appeal does not prevent preclusion, inability to obtain appellate review . . . does” (citations omitted)
• applying federal law and holding that because parties cannot further appeal issues which were not affirmed or reached after a partial affirmance of an order, that such determinations which were not affirmed or reached do not have preclusive effect
• “[I]f an appeal is taken and the appellate court affirms on one ground and disregards the other, there is no collateral estoppel as to the unreviewed ground.”
• “[I]f an appeal is taken and the appellate court affirms on one ground and disregards the other, there is no collateral estoppel as to the unreviewed ground.”
• “[A] federal court should apply federal law” to “determine the preclusive effect of a prior federal question judgment.”

Source: CourtListener parenthetical corpus (CC0).