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United States Federal Circuit


DANA v. E.S. ORIGINALS, INC., 02-1531

The district court's application of offensive collateral estoppel, based on rulings entered against the defendants in an earlier case, is vacated where the court did not make a finding as to whether plaintiff could easily have joined the earlier action.

Appellate Information

  • Decided 09/08/2003
  • Published 09/08/2003

Judges

  • Before RADER, BRYSON and DYK, Circuit Judges.

Court

  • United States Federal Circuit

Counsel

  • For Appellees:
  • Melvin K. Silverman,Melvin K. Silvermanand Associates, P.C., of Ft. Lauderdale, FL, argued for plaintiff-appellee., Martin W. Schiffmiller, Kirschstein, Ottinger, Israel & Schiffmiller, P.C., of New York, NY, argued for defendants-appellants.   With him on the brief was Lisa A. Pieroni.
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