| buy jordan 11 Low 7/18(土) 03:17:27 No.20150718031727|
The judge reviewed the conditions for applying the estoppel doctrine invoked by BayBank. The issue of corporate succession advanced in the present action was identical with the issue earlier decided in the Cargill case. Citizens had had a full and fair opportunity to litigate the issue. The issue was actually litigated and necessary to the decision of the case. There had been a final judgment on the merits. Citizens had an avenue of review which in fact it pursued to a conclusion (unfavorable to itself). Although the conditions for applying the estoppel rule were met, the judge retained a discretion, as she recognized, to deny the estoppel after weighing a series of considerations addressed to practical fairness, those outlined in Restatement (Second) of Judgments 29 (1982), and adopted in the Bar Counsel case, 420 Mass. at 11 12. The judge concluded that Citizens should be held estopped, and we agree. See generally Cassad Clermont, Res Judicata 169 188 (2001); Shapiro, Civil Procedure: Preclusion in Civil Actions 74 118 (2001).Some former Wildcats are also taking on the highly competitive fields in the Mt. SAC Relays. Olympian Korene Hinds won the invitational elite women's steeplechase with her time of 9:42.27 as she looks to make the Jamaican Olympic team again. Results for Beverly Ramos in the women's Olympic Development Elite 5,000 meters were not known at press time. Christian Smith will run in the Olympic Development Elite 800 meters on Saturday afternoon.