· 12/7/1990
La Preferida, Inc., an Illinois Corporation v. Cerveceria Modelo, S.A. De C v. a Mexican Corporation
Citations
- 914 F.2d 900
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that res judicata only applies where there is “a final judgment on the merits in an earlier action”
- holding a bankruptcy court’s order issued prior to confirmation of debtor’s liquidation plan allowing debtor to sell assets constituted a final judgment
- holding a bankruptcy court's order issued prior to confirmation of debtor's liquidation plan allowing debtor to sell assets constituted a final judgment
- recognizing the general rule forbidding the application of collateral estoppel to consent judgments especially when the judgment lacks clarity
- finding tort and contract claims to be barred by prior bankruptcy judgment sale, without reference to Barnett’s core/noncore distinction
- consent judgment did not support collateral estoppel where it was ambiguous and did not reflect the parties’ intent as to future litigation
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Flaum, Ripple
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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