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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 decision ... preclude[s] relitigation of the issue in a suit on a different cause of action involving a party to the first case". [1]
Estoppel is a judicial device whereby a court may prevent or "estop" a person from making assertions or from going back on their word. The person barred from doing so ...
The doctrine of direct estoppel prevents a party to litigation from relitigating an issue that was decided against that party. [1] Direct estoppel and collateral estoppel are part of the larger doctrine of issue preclusion. [2] Issue preclusion means that a party cannot litigate the same issue in a subsequent action. [3]
Angelo Gambiglioni, De re iudicata, 1579 Res judicata or res iudicata, also known as claim preclusion, is the Latin term for judged matter, [1] and refers to either of two concepts in common law civil procedure: a case in which there has been a final judgment and that is no longer subject to appeal; and the legal doctrine meant to bar (or preclude) relitigation of a claim between the same parties.
Highlighting that res judicata involves both issue preclusion (also known as collateral estoppel) which bars repeated litigation of issues that have been settled and were central to the outcome of the case, and claim preclusion (occasionally also called res judicata), barring issues that "could have been raised and decided in a prior action ...
Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation, 402 U.S. 313 (1971), is a decision of the United States Supreme Court holding that a final judgment in an infringement suit against a first defendant that a patent is invalid bars the patentee from relitigating the same patent against other defendants. [1]
Judicial estoppel is a doctrine that may apply in matters involving closed bankruptcies, wherein the former debtor attempts to lay claim to an asset that was not disclosed on the bankruptcy schedules. In an early U.S. articulation of the doctrine, the United States Supreme Court, in First National Bank of Jacksboro v.
Moreover, broad modern principles of claim preclusion appear to address adequately the concern reflected in the cases cited for the estoppel principle. The seventh rule of the avoidance doctrine derives from the familiar canon of statutory construction that a statute "ought not to be construed to violate the Constitution if any other possible ...