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Just One Bite . . . and Maybe One More: Claim Preclusion and the Alternative-Determinations Doctrine
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The comment discusses the First Circuit’s adoption of the alternative-determinations doctrine within federal res judicata law, particularly in the case of Foss v. Eastern States Exposition. The author argues that while this adoption could improve judicial efficiency, it risks creating inefficiencies and allowing unmeritorious claims to resurface. The author suggests a more flexible application of…
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Response to “No, Really, Civil Procedure Matters: Look at the State and Local Climate Cases”
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It all starts with civil procedure. Professor Sean Lyness’s article No, Really, Civil Procedure Matters: Look at the State and Local Climate Cases, emphasizes the implications of civil procedure by highlighting cases involving state and local governments’ climate change lawsuits against fossil fuel companies. The cases demonstrate that procedural intricacies, such as jurisdiction and venue…
