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· 6/5/2006

Pactive Corp. v. Dow Chemical Company

Citations

  • 449 F.3d 1227
  • 78 U.S.P.Q. 2d (BNA) 1939
  • 2006 U.S. App. LEXIS 13785
  • 2006 WL 1519988

How courts have described this case

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

  • construing Second Circuit law and stating that “[a] dismissal with prejudice is a judgment on the merits for purposes of claim preclusion.”
  • construing Second Circuit law and stating that “the parties can, in a separate agreement . . . reserve the right to litigate a claim that would otherwise be 14 11 TTABVUE 13–15, 17–19. 15 Black’s Law Dictionary (12th ed. 2024
  • “A dismissal with prejudice is a judgment on the merits for purposes of claim preclusion.”
  • “A dismissal with prejudice is a judgment on the merits for purposes of claim preclusion.”
  • “Even [assuming that fraud can operate as an exception to res judicata], mere presentation of false evidence . . . does not generally warrant relief.” (internal quotation marks and citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Michel, Bryson, Dyk

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.