Berlitz Schools of Languages of America v. Everest House

Charles Berlitz (defendant) wrote language books under his own name, with a disclaimer distancing himself from Berlitz Schools of Languages of America (plaintiff). Berlitz Schools previously sued him in state court over the disclaimer on his "Passport" book series, and lost—the state court found the disclaimer adequate, and that ruling was affirmed on appeal. Berlitz then published a new "Step-by-Step" series with the same disclaimer, just in a slightly different size ratio to his name. Berlitz Schools sued again in federal court, and Charles Berlitz argued collateral estoppel barred the suit since the same issue had already been litigated. The district court agreed and granted him summary judgment; Berlitz Schools appealed, arguing the size difference was a new fact that should let the case proceed.