You’ve Made Your Bed, Now Go Lie in It: Court May Not Consider the Preclusive Effect Of Its Own Decision

If a Court were to also make a finding of fact in its Order sustaining a claim objection “...creditor has also manipulated the books and records,” can the creditor ask the Court to amend its order out of fear that such language in an Order would have a potential preclusive effect in another court?

Absolutely not!

As the Supreme Court has twice ruled within the last six years, “the first court does not get to dictate the preclusive consequences of its own judgment.”  Medellin v. Texas, 128 S. Ct. 1346, 1361 (2008).

As Judge Jaraslovsky told a party seeking to have the court’s order amended for fear of its preclusive effect, “I’ve rendered my decision.  I gave my reasons.  And if another court decides that they want to give preclusive effect, that’s for another court to decide.”

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