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· 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 CourtListener

Sourced 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.