In fact, as the Republican field shrinks, Mr. Baier and Fox view themselves as one of the last lines of defense to fully litigate Mr. Romney's record before millions of viewers.
A bigger part thinks that's not how things are supposed to work, that wishing for dicta on an issue that wasn't fully litigated and briefed is like asking for lightning to strike.
In any lawsuit where a defendant, because of the mutuality principle, is forced to present a complete defense on the merits to a claim which the plaintiff has fully litigated and lost in a prior action, there is an arguable misallocation of resources.
In 1347 cases, 237 or 18% were fully litigated and of those the branded firm won in 48% of the cases while the generic prevailed in the other 52%.
"The novelty of the Mormon issue has largely worn off since it was fully litigated last time, and people are just not as interested in that anymore as a front-burner issue," Mr. Reed said.
It is, therefore, imperative that courts enforce Section 101′ s "screening" function (Mayo, 132 S. Ct. at 1303) early in most cases, to save defendants and the courts from the unnecessary expense of fully litigating or settling cases- like this one that should be dismissed at the outset".
Not every divorce and every issue within the divorce need be fully litigated.
If this controversy constitutes a § 1983 cause of action, the constitutional issue would be fully litigated in the damages suit.
The United States and the State of Washington were parties to the action in the Court of Appeals, and surely we must assume, in the absence of any suggestion to the contrary, that the parties fully litigated their positions respecting reservation status.
Prudence also dictates awaiting a case in which the issue was fully litigated below, so that we will have the benefit of developed arguments on both sides and lower court opinions squarely addressing the question.
