Jump to content
View in the app

A better way to browse. Learn more.

The Wifcon Forums and Blogs - 27 Years Online

A full-screen app on your home screen with push notifications, badges and more.

To install this app on iOS and iPadOS
  1. Tap the Share icon in Safari
  2. Scroll the menu and tap Add to Home Screen.
  3. Tap Add in the top-right corner.
To install this app on Android
  1. Tap the 3-dot menu (⋮) in the top-right corner of the browser.
  2. Tap Add to Home screen or Install app.
  3. Confirm by tapping Install.

Featured Replies

No, I have not heard of it but I’m not a lawyer or a paralegal.

It is apparently the same as or similar to the  doctrine of “res judicata” (see page 8 of the linked US Court of Federal Claims appeal).

https://ecf.cofc.uscourts.gov/cgi-bin/show_public_doc?2021cv1169-92-0

See, for example: https://www.lataxattorney.com/claim-preclusion-and-issue-preclusion.html

I’ve never heard of it either.  I did a Google search and noticed it’s not all that uncommon a term.  I wonder if the government claim process is more structured, involves more substantial and dollar value subjects, and utilizes more experienced lawyers so the subject just doesn’t come up very often outside of federal contracting?

  • Author

I was thinking this phrase comes from another phrase "two bites at the apple."  My memory is telling me that may come up in sealed bidding.  A bid, unlike an offer is meant to be final.  You don't get a second bite at it.

GAO uses the same logic as in "claim preclusion."  They just don't call it that (at least I never noticed it.)

So, where does "two bites at the apple" come from in a judicial proceeding?"  I looked that up.  "The first use of “two bites at the apple” in a judicial opinion did not come until the 1922 case of McCoy v. Tolar, in which the Supreme Court of Mississippi held that a party was not entitled to a new trial just because they had failed to offer available proof at the first trial."  (Source: Noah Chauvin's How Lawyers Eat Apples.)  There you are:  Legal theory is based, in some part, on idioms. 

Interesting thread! While researching similar legal and tax-related terms, I recently came across usataxsettlement.com — it's focused more on helping individuals deal with IRS tax issues, but the structure of claims and settlements they discuss kind of reminded me of "claim preclusion" in a way. Worth a look if you're into how legal and tax processes overlap.

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

Configure browser push notifications

Chrome (Android)
  1. Tap the lock icon next to the address bar.
  2. Tap Permissions → Notifications.
  3. Adjust your preference.
Chrome (Desktop)
  1. Click the padlock icon in the address bar.
  2. Select Site settings.
  3. Find Notifications and adjust your preference.