ITOFCA, Inc. v. Megatrans Logistics, Inc.: An Examination of Res Judicata Principles Precluding Infringement Claims Arising from the Approved Purchase of a Copyright at A Bankruptcy Sale
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Authors
Quigley, Robert B.
Issue Date
2004
Volume
37
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The doctrine of res judicata provides a party cannot relitigate an issue raised in a prior action in which a court reached a final judgment on the merits. The Restatement (Second) of Judgments expresses the same principle where it states civil judgments are subject to preclusive effects and defines those effects as limits on the opportunity to litigate claims in subsequent actions when a party had the option to litigate the claims in a prior action. In bankruptcy cases, courts allow a debtor to sell assets free and clear of any interest in the asset. Allowing the sale of an asset free and clear of claims gives the bankruptcy court the power to preclude subsequent claims that may have survived the bankruptcy proceedings. This preclusion power can greatly affect the rights of a party to the bankruptcy, or their privy, because with notice of the proceedings, the party could lose rights the party felt it validly held in the asset. Recent cases have shown failure to conclusively establish the rights of the parties to the bankruptcy sale can lead to precluding the seller from later claiming any rights in the copyright or the copyrighted product...
Description
Citation
37 Creighton L. Rev. 1029 (2003-2004)
Publisher
Creighton University School of Law