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Few claims not barred by collateral estoppel are dismissed on the merits
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Henderson v. Henderson principle does not apply as claims could not have been raised earlier
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Objection based on
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Allegations of “new evidence” should explain why that evidence was not presented to earlier tribunal
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Dissents are not equivalent to a decision
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Standard for full and fair opportunity to contest prior action is equivalent to the concept of due process in annulment or set aside proceedings
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Tribunal applies New York-law on collateral estoppel, barring most claims
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No ground to apply adverse inferences, as state was not precluded from deleting relevant data before dispute started
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No privilege without explanation of why it applies in this case
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Background: multi-forum, decade-long dispute over divestment of casino assets
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