Issue Preclusion

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Author:
letzgostate
ID:
29164
Filename:
Issue Preclusion
Updated:
2010-08-06 18:46:32
Tags:
civpro civ issue preclusion
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Description:
Issue Preclusion Analysis
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  1. Issue Preclusion Components
    Summary Judgment Analysis

    Issue Preclusion Elements

    Nonmutual Issue Preclusion Elements
  2. Issue Preclusion Elements
    Determination of an issue of fact or law in one lawsuit is conclusive (and cannot be re-litigated) in another action where:

    1. Issue of fact or law is identical in both lawsuits;

    2. The issue was fully litigated and decided in the first action;

    3. The issue was determined by a valid and final judgment;

    4. And, the determination of the issue was necessary to the judgment in the first action
  3. Nonmutual Issue Preclusion Elements
    Due process requires that collateral estoppel (issue preclusion):

    1. Be asserted only against a person who was a party to the first case

    2. Or, in privity

    • A stranger to the first suit can't be bound by its judgment.
    • Therefore, asserting collateral estoppel requesting SJ against a stranger to the first suit, will be denied.

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