[Am-info] Findings applicability?
T. Guilbert
ethical@1of1.net
Wed, 28 Aug 2002 13:13:06 -0700
In a message dated 2002 August 28 (Wednesday), timestamp 02:38 PM,
on the topic [Am-info] Findings applicability?,
"John J. Urbaniak" <jjurban@attglobal.net> wrote:
"|http://www.computerworld.com/governmenttopics/government/legalissues/story/0,10801,73824,00.html
"|"...The parties also set Oct. 24 as the date for a hearing on
"|whether Microsoft can be bound by findings already issued in the
"|U.S. Department of Justice's case against the software maker. "
"|==========
"|Strange that a hearing is needed to decide this. Several folks on
"|this list have claimed "res judicata," but apparently it's not a
"|given.
The district court in Maryland is not in the District of Columbia
Circuit. The matter is res judicata only in the D.C. Circuit at this
time. However, the findings of a court of competent jurisdiction as
to the specific party on the specific facts are entitled to full faith
and credit in another court. The hearing would be to determine the
factual overlap.
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