Labels:book | reckoner | sky OCR: eral estoppel apnlies to that unreviewed judgrient 1 It is TO more unfair to apply claim jssue preciusion where parties voluntarily forego appellate review following set- tlement one court has noted Munsingwear holds that the judgment in a moot case should br vacated to relieve the parties collateral consequences when they were unable obtain appellate review The [appellants here] were no disabled from obtaining review they have simply chosen, for reasons they deem sufficient. forego the entitlement they passess the present case the Illinois court concluded that Philips had had full and fair opportunity to litigate t trade dress claim Florida and therei fore, applied col- lateral estoppel preclude Philips from relitigating that cIaim lFe A28-30) Philips should not be able to escape the Illi ...
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