What is the burden of setting forth facts sufficient to satisfy the elements of claim preclusion or issue preclusion?

MultiRegion, United States of America

The following excerpt is from Lehman Bros. Holdings Inc. v. 1st Advantage Mortg., LLC (In re Lehman Bros. Holdings Inc.), 593 B.R. 166 (Bankr. S.D.N.Y. 2018):

Under Colorado law, a defendant bears the burden of setting forth facts sufficient to satisfy the elements of claim preclusion or issue preclusion. Edmond v. Clements , No. 11-CV-00248, 2012 WL 2523077, at *11 (D. Colo. Jan. 19, 2012).

Other Questions


In a federal habeas corpus case, is issue preclusion and claim and claim preclusion available? (MultiRegion, United States of America)
Is there a triable issue of fact in finding that appellant did not raise triable issues of fact with regard to his conspiracy and retaliation claims? (MultiRegion, United States of America)
What is the burden on a party claiming the protection of privilege to establish the facts that are essential elements of the privileged relationship? (MultiRegion, United States of America)
What is the burden of proving that a claim is a triable issue of fact? ("New York", United States of America)
What is the burden of proving that a claim is a claim that is not a fact? (MultiRegion, United States of America)
Is there any case law that supports a claim that corroboration is sufficient to support a claim of due process? (MultiRegion, United States of America)
What is the burden of a Commissioner in determining whether a claimant bears the burden at step five of a disability claim? (MultiRegion, United States of America)
When a statute requires knowledge of the jurisdictional element of a claim, when the statute itself states that knowledge is not an essential element, is that knowledge required? (MultiRegion, United States of America)
What is the burden of a defendant advancing a sufficiency of the evidence claim? (MultiRegion, United States of America)
Is a police officer's knowledge of the facts sufficient to constitute probable cause sufficient to be considered probable cause? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.