Legal Opinion

Jack Faucett Associates, Inc. v. American Telephone and Telegraph Co.

Court of Appeals for the D.C. Circuit

Decided September 11, 1984No. 83-1735PublishedCited by 104 opinions

1Opinion of the Court

MIKVA, Circuit Judge:

We confront today several difficult issues concerning the applicability of offensive collateral estoppel or issue preclusion. The district court invoked offensive estoppel to estop American Telephone and Telegraph Co. (AT & T) from litigating its liability on certain alleged antitrust violations. We review this decision against a background in which some of the concerns normally associated with issue preclusion are heightened. The desire for judicial economy rings loudly since without issue preclusion, a long and difficult trial may ensue. Yet, notions of fairness are…

2Cases cited37 opinions

  1. Allen v. McCurrySupreme Court of the United States · 1980
  2. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  3. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  4. Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
  5. United Mine Workers v. PenningtonSupreme Court of the United States · 1965

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3Cited by104 opinions

  1. Robi v. Five Platters, Inc.Court of Appeals for the Ninth Circuit · 1988
  2. United States Ex Rel. Yesudian v. Howard UniversityCourt of Appeals for the D.C. Circuit · 1998
  3. Jean Alexander Cosmetics, Inc. v. L'OreaL Usa, Inc. Redkin 5th Avenue, N.Y.CCourt of Appeals for the Third Circuit · 2006
  4. United States ex rel. Miller v. Bill Harbert International Construction, Inc.Court of Appeals for the D.C. Circuit · 2010
  5. Raytech Corporation v. Earl WhiteCourt of Appeals for the Third Circuit · 1995

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