Legal Opinion
Clark v. Zwanziger
Court of Appeals for the Tenth Circuit
Decided January 28, 2014No. 12-6123PublishedCited by 17 opinions
1Opinion of the Court
TYMKOVICH, Circuit Judge.
This is the second appeal arising from an employment dispute between plaintiffs James Hamilton and Richard Kus and their former employer, Water Whole International, and its owner, Wolfgang Zwanziger. In this appeal, we consider a novel question: Does issue preclusion apply in bankruptcy court to a final determination in district court that a party waived an issue?
We conclude issue preclusion does not apply to the waiver finding here. Therefore, exercising jurisdiction under 28 U.S.C. § 158(d)(1), we REVERSE the judgment of the Bankruptcy Appellate Panel and REMAND for…
2Cases cited14 opinions
- Taylor v. SturgellSupreme Court of the United States · 2008
- Salve Regina College v. RussellSupreme Court of the United States · 1991
- Zenith Radio Corp. v. Hazeltine Research, Inc.Supreme Court of the United States · 1971
- Semtek International Inc. v. Lockheed Martin Corp.Supreme Court of the United States · 2001
- Yamaha Corporation of America v. United States of AmericaCourt of Appeals for the D.C. Circuit · 1992
9 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Lazzo v. Rose Hill Bank (In Re Schupbach Investments, L.L.C.)Court of Appeals for the Tenth Circuit · 2015
- Bryan v. ClarkCourt of Appeals for the Tenth Circuit · 2017
- WLC Enters., Inc. v. Rylant (In re Rylant)United States Bankruptcy Court, D. New Mexico · 2018
- Montoya v. GoldsteinCourt of Appeals for the Tenth Circuit · 2023
- Bird v. HillCourt of Appeals for the Tenth Circuit · 2021
12 more not listed; retrieve them via the Exa API.