Written by: Karl Braun, Esq., Justin Kerenyi, Esq., Daniel Miller, Esq., and Rodney Miller, Esq.
The U.S. Supreme Court sided with apparel maker Lucky Brand on the applicability of “defense preclusion” about whether and under which circumstances a defense might be barred in subsequent litigation between two parties.
The unanimous decision held that any preclusion of defenses must satisfy the strictures of issue preclusion or claim preclusion, at a minimum.