Great post! No lawyer here, but as I read this and if the law is followed,(BIG IF) it is a virtual certainty that 108 will be removed from the collateral estoppel and there is at least a decent chance that 774 could as well based on the use of the word "identical"(I cannot stand it that everyone these days says "same exact"--did the word identical get removed from the English language and no one was notified?) in that since the information provided by the re exam was not part of the prior proceeding the new information that came to light should be allowed to be litigated.