· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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