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CASE ENTRY

In Re: Calvert

Appearing as a creditor in bankruptcy court, the National Labor Relations Board tries to save a claim against the debtor by relying on issue preclusion. But it provides only a general discussion and doesn’t show how the elements are met. Strike one. Then on appeal to the district court, the NLRB tries to rely on issue preclusion, but it again provides only a general discussion and doesn’t show how the elements are met. Strike two. On appeal to the Seventh Circuit, the NLRB “persists in providing only a generalized discussion of preclusion doctrine.” Guess what happened.


Tags: 2019, Bankruptcy, NLRB, Seventh Circuit

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