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· 12/23/2014

Stan Lee Media, Inc. v. Walt Disney Co.

Citations

  • 774 F.3d 1292
  • 113 U.S.P.Q. 2d (BNA) 1392
  • 2014 WL 7271442
  • 2014 U.S. App. LEXIS 24267

How courts have described this case

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

  • noting that a court may “take judicial notice of documents and docket materials filed in other courts”
  • explaining the universally held rule that a court's conclusion that the plaintiff fails to state a claim is a judgment on the merits
  • “[D]ismissal for failure to plead a viable cause of action is a decision on the merits” which satisfies the second prong of the issue preclusion analysis
  • To invoke issue preclusion, the party asserting it must establish that “the issue previously decided is identical with the one presented in the action in question.” (emphasis original)
  • “[T]he court can take judicial notice of a fact that is not subject to reasonable dispute because it can be accurately and readily determined from sources whose accuracy cannot be reasonably questioned.” (ellipses and internal quotation marks omitted)
  • identifying the elements for collateral estoppel

Source: CourtListener parenthetical corpus (CC0).

Judges: Tymkovich, Ebel, Phillips

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.