collateral estoppel doctrine

collateral estoppel doctrine
Prior judgment between same parties on different cause of action is an estoppel as to those matters in issue or points controverted, on determination of which finding or verdict was rendered. E. I. duPont de Nemours & Co. v. Union Carbide Corp., D.C.I11., 250 F.Supp. 816, 819.
When an issue of ultimate fact has been determined by a valid judgment, that issue cannot be again litigated between the same parties in future litigation. City of St. Joseph v. Johnson, Mo.App., 539 S.W.2d 784, 785.
As a bar to relitigating an issue which has already been tried between the same parties or their privies, it must be pleaded affirmatively. Fed.R. Civil P. 8(c). It is applicable to criminal cases. Ashe v. Swenson, 397 U.S. 436, 443-444, 90 S.Ct. 1189, 1194, 25 L.Ed.2d 469.
@ offensive and defensive collateral estoppel
@ offensive collateral estoppel
@ defensive collateral estoppel
Offensive and defensive collateral estoppel. "Offensive collateral estoppel" is used by plaintiff to prevent relitigation of issues previously lost against another plaintiff by a defendant, in contrast to "defensive collateral estoppel" which prevents relitigation by plaintiff of issues previously lost against another defendant. Collins v. Seaboard Coastline R. Co., C.A.Ga., 681 F.2d 1333, 1334.
+ defensive collateral estoppel
Doctrine precluding plaintiff from relitigating identical issues by merely switching adversary; thus, defensive collateral estoppel gives plaintiff strong incentive to join all possible defendants in first action if possible. Baron v. Bryant, D.C. Hawaii, 556 F.Supp. 531, 536.
See also collateral estoppel
- administrative estoppel
- issue preclusion
- res (res judicata)
- verdict, estoppel by
@

Black's law dictionary. . 1990.

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  • collateral estoppel doctrine — Prior judgment between same parties on different cause of action is an estoppel as to those matters in issue or points controverted, on determination of which finding or verdict was rendered. E. I. duPont de Nemours & Co. v. Union Carbide Corp.,… …   Black's law dictionary

  • Collateral estoppel — (CE), known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. One summary is that once a court has decided an issue of fact or law necessary to its judgment, that… …   Wikipedia

  • collateral estoppel — see estoppel 2a Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. collateral estoppel …   Law dictionary

  • collateral estoppel — Another expression for the doctrine of estoppel by judgment or, as used in some instances, for the doctrine of res judicata. 30A Am J Rev ed Judgm § 328; the doctrine of res judicata in relation to administrative agencies. 2 Am J2d Admin L § 324 …   Ballentine's law dictionary

  • offensive collateral estoppel — A doctrine asserted by a plaintiff (the person in the offensive position) that prevents a defendant from relitigating an issue that was previously decided against that defendant in a case with a different plaintiff. Category: Representing… …   Law dictionary

  • administrative collateral estoppel — Principles of this estoppel doctrine apply when agency is acting in a judicial capacity and resolves disputed issues of fact properly before it which parties have had adequate opportunity to litigate; threshold inquiry is whether earlier… …   Black's law dictionary

  • administrative collateral estoppel — Principles of this estoppel doctrine apply when agency is acting in a judicial capacity and resolves disputed issues of fact properly before it which parties have had adequate opportunity to litigate; threshold inquiry is whether earlier… …   Black's law dictionary

  • estoppel — /AstopAl/ Estoppel means that party is prevented by his own acts from claiming a right to detriment of other party who was entitled to rely on such conduct and has acted accordingly. Graham v. Asbury, 112 Ariz. 184, 540 P.2d 656, 658. A principle …   Black's law dictionary

  • estoppel — /AstopAl/ Estoppel means that party is prevented by his own acts from claiming a right to detriment of other party who was entitled to rely on such conduct and has acted accordingly. Graham v. Asbury, 112 Ariz. 184, 540 P.2d 656, 658. A principle …   Black's law dictionary

  • estoppel by judgment — The estoppel raised by the rendition of a valid judgment by a court having jurisdiction. The essence of estoppel by judgment is that there has been a judicial determination of a fact. Price v. Clement, 187 Okl. 304, 102 P.2d 595, 597. It rests… …   Black's law dictionary

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