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Thus, although res judicata did not apply to bar the second claim, which was a distinct cause of action, collateral estoppel applied to estop the parties from relitigating an issue that had been decided against them.
The Court noted that "[s]eeking benefits under the 2010 Group Policy estops Counter-Plaintiffs from claiming that they are not bound by its venue clause.
4) There are also motions to dismiss that argue the appellant's acceptance of the benefits of a judgment estops the appellant from pursuing reversal on appeal.
In a concurring opinion, Tax Court Judge Holmes argued that the Tax Court should have availed itself of this opportunity to rule on whether a decision in a small tax case estops a party from litigating the same issue in a regular tax case.
Estops parties from eschewing in later court or PTO proceedings' arguments made on claim construction to the USPTO; and