omettant la chose jugée

22:39 Sep 1, 2013
French to English translations [PRO]
Law/Patents - Law (general)
French term or phrase: omettant la chose jugée
From a letter. The sentence reads as follows: "Votre filiale XXX, **omettant la chose jugée**, reprend le même contentieux devant la CIG, mais y ajoute par presse interposée une attaque offensante et diffamatoire contre XXX sur le supposé « manque de transparence » de notre tarification."
nrdawe2 (X)
Local time: 16:01


Summary of answers provided
4disregarding the fact that the matter has already been decided in a court of law
Daryo
2 +1ignoring res judicata
Claire Nolan


  

Answers


4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
disregarding the fact that the matter has already been decided in a court of law


Explanation:
disregarding / ignoring / conveniently forgetting the fact that the matter has already been decided in a court of law

"res judicata" but in plain English, probably more appropriate for this ST.




Daryo
United Kingdom
Local time: 15:01
Native speaker of: Native in SerbianSerbian, Native in FrenchFrench
PRO pts in category: 196

Peer comments on this answer (and responses from the answerer)
agree  AllegroTrans: yes, much the clearest way of expressing this
11 hrs
  -> Thanks!

disagree  Sasa Kalcik:
171 days
Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 2/5Answerer confidence 2/5 peer agreement (net): +1
ignoring res judicata


Explanation:
But, ignoring res judicata, Dow commenced the present lawsuit -
Mycogen
II - seeking the duplicative remedy....
http://www.horvitzlevy.com/images/ps_attachment/attachment28...

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Note added at 16 hrs (2013-09-02 15:04:06 GMT)
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Note that many bankruptcy courts IGNORE RES JUDICATA, and like to re-try default judgments for fraud.

http://www.judgmentbuy.com/ResJudicata.html

The Court also found Collins v. D.R. Horton, Inc., 505 F.3d 874, 880 (9th Cir. 2007), persuasive that although arbitrators may not ignore res judicata, they generally are entitled to determine in the first instance whether to give the prior judicial determination preclusive effect.

http://www.finnegan.com/Publications/federalcircuit/FCCDetai...

These two cases, however, do not rely on some general principle that claim preclusion does not apply in bankruptcy proceedings but rest on the more modest proposition that bankruptcy courts have a job to do and sometimes they must IGNORE RES JUDICATA in order to carry out Congress' mandate.
https://bulk.resource.org/courts.gov/c/F2/887/887.F2d.553.88...

However, a few minutes later, the unanimous vote by all 3 commissioners
on the panel was to deny Wedgefield's motion to dismiss and strike, IGNORING RES JUDICATA.

http://www.psc.state.fl.us/library/filings/01/00550-01/00550...

Claire Nolan
Local time: 11:01
Native speaker of: English
PRO pts in category: 76

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: whilst it is a literal translation "ignoring res judicata" doesn't really mean anything - cf. Daryo's version// because these solid references are not using the phrase in quite the same context
13 hrs
  -> If it does not mean anything, please explain why these solid references (see above) use this wording. And note that this is a much more terse way of saying what Daryo spelled out.

agree  Sasa Kalcik
171 days
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