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Home / Firm Blog / Bankruptcy / Bankruptcy Law Tip from Attorney Pat Gallagher
03
September
2013

Bankruptcy Law Tip from Attorney Pat Gallagher

When applying collateral estoppel principles to a nondischargeability proceeding, a bankruptcy court is directed to apply the law of the forum where the original proceeding took place. Marrese v. American Academy of Orthopedic Surgeons, 470 U.S. 373, 380 (1985).  The Nevada courts have stated four requirements must be met for issue preclusion to apply:  (1) the issue decided in the prior litigation must be identical to the issue presented in the current action; (2) the initial ruling must have been on the merits and have become final; (3) the party against whom the judgment is asserted must have been a party or in privity with a party to the prior litigation; and (4) the issue was actually and necessarily litigated.  Five Star Capital Corp. v. Ruby, 124 Nev. 1048, 1055 (2008).

Author; Pat Gallagher Categories: Bankruptcy

About the Author

Pat Gallagher

Pat Gallagher

Attorney Pat Gallagher is founder of The Gallagher Law Firm overseeing its day-to-day operations, as well as the long-term strategic planning of the firm. He focuses his law practice on the needs of businesses and specializes in a wide variety of transactional matters, litigation and mediation. He received his J.D. legal degree from the Washington University School of Law in St. Louis, Missouri. Mr. Gallagher has litigated cases throughout Michigan before the American Arbitration Association, State and Federal Courts, Michigan Court of Appeals, Michigan Supreme Court and the United States Court of Appeals.

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