Friday, July 23, 2010

Kiss My Rooker-Feldman!

I once tried to pull a Rooker-Feldman.

In my defense it was way back in college, I got talked into it, and I promised my girlfriend I would never do it again.

The Rooker-Feldman doctrine is inapplicable here. In place of it, ordinary preclusion rules govern the effect of the Engle Phase I approved findings. See id. at 284, 125 S.Ct. at 1522 (“Rooker-Feldman does not otherwise override or supplant preclusion doctrine . . . .”).
That sounds like a win for Big Tobacco......or does it:
In the pre-trial order that is the subject of this interlocutory appeal, the district court decided that the Phase I approved findings may not be used to establish any element of the plaintiffs’ causes of action. Brown, 576 F. Supp. 2d at 1348. The district court reached that conclusion without first giving preclusive effect to the Phase I approved findings. See id. The Phase I approved findings have to be given preclusive effect; they do establish some facts that are relevant to this litigation. Otherwise, the Florida Supreme Court’s statement in Engle III that the Phase I approved findings were to have “res judicata effect” in trials involving former class members would be meaningless. See Engle III, 945 So. 2d at 1254, 1269, 1277.
More reax on the opinion here.


Anonymous said...

ignored Congress with CAFA ruling, now ignoring Florida Supreme Court.

Anonymous said...

Jack's back.

What a Kuntry said...

Jack seems to have a hard on for Kuntz. They're two peas in a pod though, they're made for each other.