Pietro Pasquale Antonio Sgromo v. Bestway USA Inc., et al.
AdministrativeLaw DueProcess Patent Trademark Privacy JusticiabilityDoctri
May a Court take judicial notice of another Court's Order; that be void due to deficient service
QUESTIONS PRESENTED 1. May a Court take judicial notice of another Court’s Order; that is void due to deficient service; where the agreements that gave rise to the dispute were rescinded; the Petitioner was not a party to the disputed agreements; and take notice without an evidentiary hearing, or an opportunity for opposing Petitioner to be heard? 2. Does public policy strongly favor settlement of disputes without litigation; or do Courts have discretion to not enforce settlement agreements and rewrite the terms of settlement in the absence of fraud or mistake? 3. When may a Court allow parol evidence to detract from an otherwise fully integrated agreement? . 4. Is a decision final — even though there are pending motions before the Court — provided that the Judgment contains Rule 54(c) language? 5. Do the Appellate Courts have discretion to hear a Petition for Special Review in an interlocutory decision? 6. Is res judicata is an affirmative defense which must be both pleaded and proved by the party relying on this defense? ; 7. Should res judicata and collateral estoppel give way to a claim for lost ; wages? 8. May a Court award attorneys fees against a party, even if the parties have expressly agreed to not be liable for such special costs “despite being advised they may?”