Here is a report on Whistleblower Protection of Sarbanex-Oxley Act 2002 by Dean Emeritus Professor Gurumurthy Kalyanaram, formerly of NYIT and UT Dallas.
Dr Gurumurthy Kalyanaram advises, lectures and writes on Education, Economy, Business, and Public Policy including Law and Lawsuits.
Tuesday, 18 March 2014
Thursday, 13 March 2014
Gurumurthy Kalyanaram, Dean, Former Professor NYIT and UT Dallas: On Collateral Estoppel And Materiality of The Finding
Here is a report on Collateral Estoppel and Materiality of an earlier finding by Professor Gurumurthy Kalyanaram, formerly of NYIT and UT Dallas.
A long line of decisions by the U.S. Supreme Court, U.S. Court of Appeals (Second Circuit), and New York Court of Appeals, have held that, where a decision-maker makes a finding, the finding is not collateral estoppel in a subsequent proceeding unless the finding was material and decisive to the decision, even if it was raised and litigated, particularly where the decision-maker himself explicitly states that the issue was “immaterial” to his decision, and that if there is any uncertainty at all, collateral estoppel shall not apply.
A long line of decisions by the U.S. Supreme Court, U.S. Court of Appeals (Second Circuit), and New York Court of Appeals, have held that, where a decision-maker makes a finding, the finding is not collateral estoppel in a subsequent proceeding unless the finding was material and decisive to the decision, even if it was raised and litigated, particularly where the decision-maker himself explicitly states that the issue was “immaterial” to his decision, and that if there is any uncertainty at all, collateral estoppel shall not apply.
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