Extract to table

Northgate would rely on the favorable findings with respect to those facilities where the FCC found no obligation, arguing that the antitrust claim must be narrowed accordingly

Northgate must develop a contingency plan for the scenario in which the District Court Litigation resumes without the benefit of an FCC resolution

Identity of Issues: For collateral estoppel to apply, the issue decided in the prior proceeding must be identical to the issue presented in the subsequent proceeding

Necessity of Determination: The issue must have been actually litigated and necessarily determined in the prior proceeding

Every factual assertion, legal argument, and characterization of the evidence must be consistent across the FCC Proceeding and the District Court Litigation

Accordingly, we have identified the following core factual and legal themes that must be maintained with absolute consistency: 1