CopyCited 9 times | Published | United States Bankruptcy Court, M.D. Florida | 14 Fla. L. Weekly Fed. B 289, 46 Collier Bankr. Cas. 2d 424, 2001 Bankr. LEXIS 535, 2001 WL 543726
...Some circuits hold that each alternative ground is deemed necessary . . ., while others hold that neither ground is necessary. . . . In addition, other courts have held that an alternative ground may not be given offensive issue preclusive effect. . . ." 18 Moore's Federal Practice, § 132.03[4][b][i] (Matthew Bender 3d ed.)(Footnotes omitted)....
...Moore's also describes the position taken by the Restatement (Second) of Judgments, which is that a judgment based on determinations of two issues, either of which standing independently would be sufficient to support the result, is not conclusive with respect to either issue standing alone. 18 Moore's Federal Practice, § 132.03[4][b][iv]....