MOSKOW ET AL.

v.

BOSTON REDEVELOPMENT AUTHORITY ET AL.

Citator

Cited By (29 total)

• Fireman's Fund Ins. Co. v. Aalco Wrecking Co., Inc., 466 F.2d 179 (8th Cir. 1972)
  …ew jury. The evidence is such that reasonable men may differ as to the result, therefore, the determination should properly be left for the jury. See Berner v. British Commonwealth Pac. Airlines, Ltd., 346 F. 2d 532, 538 (2 Cir. 1965), cert. denied, 382 U.S. 983, 86 S.Ct. 559, 15 L.Ed.2d 472 (1966). As to the evidence within the record, there exists no significant weight factor favoring the defendant. In fact, in a second trial plaintiffs would be entitled to a favorable instruction on the St. Louis Build […
• Johnson v. United States, 576 F.2d 606 (5th Cir. 1978)
  …en tried first; moreover, he may have had no opportunity to choose or change the forum of the original action. Talcott, id. at 461, 462. See also Berner v. British Commonwealth Pacific Airlines, Ltd., 346 F. 2d 532, 540 (2d Cir. 1965), cert. denied, 382 U.S. 983, 86 S.Ct. 559, 15 L.Ed.2d 472 (1966). In Zdanok, 327 F. 2d at 956, the Second Circuit also noted that “offensive” uses of collateral estoppel could result in anomalous results for a defendant in the multiple plaintiff tort context and suggested th…
• Hardy v. Johns-Manville Sales Corp., 681 F.2d 334 (5th Cir. 1982)
  …e not foreseeable.” 439 U.S. at 330, 99 S.Ct. at 651. While in absolute terms a judgment for $68,000 hardly appears nominal, the Supreme Court’s citation of Berner v. British Commonwealth Pacific Airlines, 346 F. 2d 532 (2d Cir. 1965), cert. denied, 382 U.S. 983, 86 S.Ct. 559, 15 L.Ed.2d 472 (1966) (application of collateral estoppel denied where defendant did not appeal an adverse judgment awarding damages of $35,000 and defendant was later sued for over $7 million), suggests that the matter is relative. T…